[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]
122 STAT. 4848
Public Law 110-432
110th Congress
An Act
To amend title 49, United States Code, to prevent railroad fatalities,
injuries, and hazardous materials releases, to authorize the Federal
Railroad Safety Administration, and for other purposes. [NOTE: Oct. 16,
2008 - [H.R. 2095]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DIVISION A-- [NOTE: Rail Safety Improvement Act of 2008. RAIL SAFETY
SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 49.
(a) Short Title.--This [NOTE: 49 USC 20101 note. division may be
cited as the ``Rail Safety Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents; amendment of title 49.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.
TITLE I--RAILROAD SAFETY IMPROVEMENTS
Sec. 101. Federal Railroad Administration officers and duties.
Sec. 102. Railroad safety strategy.
Sec. 103. Railroad safety risk reduction program.
Sec. 104. Implementation of positive train control.
Sec. 105. Railroad safety technology grants.
Sec. 106. Reports on statutory mandates and recommendations.
Sec. 107. Rulemaking process.
Sec. 108. Hours-of-service reform.
Sec. 109. Protection of railroad safety risk analyses information.
Sec. 110. Pilot projects.
TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND
TRESPASSER PREVENTION
Sec. 201. Pedestrian crossing safety.
Sec. 202. State action plans.
Sec. 203. Improvements to sight distance at highway-rail grade
crossings.
Sec. 204. National crossing inventory.
Sec. 205. Telephone number to report grade crossing problems.
Sec. 206. Operation Lifesaver.
Sec. 207. Federal grants to States for highway-rail grade crossing
safety.
Sec. 208. Trespasser prevention and highway-rail grade crossing safety.
Sec. 209. Accident and incident reporting.
Sec. 210. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.
TITLE III--FEDERAL RAILROAD ADMINISTRATION
Sec. 301. Human capital increases.
Sec. 302. Civil penalty increases.
Sec. 303. Enforcement report.
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122 STAT. 4849
Sec. 304. Expansion of emergency order authority.
Sec. 305. Prohibition of individuals from performing safety-sensitive
functions for a violation of hazardous materials
transportation law.
Sec. 306. Railroad radio monitoring authority.
Sec. 307. Update of Federal Railroad Administration's website.
Sec. 308. Emergency waivers.
Sec. 309. Enforcement by the Attorney General.
Sec. 310. Criminal penalties.
TITLE IV--RAILROAD SAFETY ENHANCEMENTS
Sec. 401. Minimum training standards and plans.
Sec. 402. Certification of certain crafts or classes of employees.
Sec. 403. Track inspection time study.
Sec. 404. Study of methods to improve or correct station platform gaps.
Sec. 405. Locomotive cab studies.
Sec. 406. Development and use of rail safety technology.
Sec. 407. Unified treatment of families of railroad carriers.
Sec. 408. Study of repeal of Conrail provision.
Sec. 409. Limitations on non-Federal alcohol and drug testing by
railroad carriers.
Sec. 410. Critical incident stress plan.
Sec. 411. Railroad carrier employee exposure to radiation study.
Sec. 412. Alcohol and controlled substance testing for maintenance-of-
way employees.
Sec. 413. Emergency escape breathing apparatus.
Sec. 414. Tunnel information.
Sec. 415. Museum locomotive study.
Sec. 416. Safety inspections in Mexico.
Sec. 417. Railroad bridge safety assurance.
Sec. 418. Railroad safety infrastructure improvement grants.
Sec. 419. Prompt medical attention.
Sec. 420. Employee sleeping quarters.
TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
Sec. 501. Assistance by National Transportation Safety Board to families
of passengers involved in rail passenger accidents.
Sec. 502. Rail passenger carrier plan to assist families of passengers
involved in rail passenger accidents.
Sec. 503. Establishment of task force.
TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE
FACILITIES
Sec. 601. Short title.
Sec. 602. Clarification of general jurisdiction over solid waste
transfer facilities.
Sec. 603. Regulation of solid waste rail transfer facilities.
Sec. 604. Solid waste rail transfer facility land-use exemption
authority.
Sec. 605. Effect on other statutes and authorities.
TITLE VII--TECHNICAL CORRECTIONS
Sec. 701. Technical corrections.
(c) Amendment of Title 49.--Except as otherwise expressly provided,
whenever in this division an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of title 49, United States Code.
SEC. 2. DEFINITIONS.
(a) [NOTE: 49 USC 20102 note. In General.--In this division:
(1) Crossing.--The term ``crossing'' means a location within
a State, other than a location where one or more railroad tracks
cross one or more railroad tracks at grade where--
(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses one or more railroad tracks either at grade or
grade-separated; or
(B) a pathway explicitly authorized by a public
authority or a railroad carrier that is dedicated for
the
[[Page 4850]]
122 STAT. 4850
use of nonvehicular traffic, including pedestrians,
bicyclists, and others, that is not associated with a
public highway, road, or street, or a private roadway,
crosses one or more railroad tracks either at grade or
grade-separated.
(2) Department.--The term ``Department'' means the
Department of Transportation.
(3) Railroad.--The term ``railroad'' has the meaning given
that term by section 20102 of title 49, United States Code.
(4) Railroad carrier.--The term ``railroad carrier'' has the
meaning given that term by section 20102 of title 49, United
States Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) State.--The term ``State'' means a State of the United
States, the District of Columbia, or the Commonwealth of Puerto
Rico.
(b) In Title 49.--Section 20102 [NOTE: 49 USC 20102. is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `Class I railroad', `Class II railroad', and `Class
III railroad' mean railroad carriers that have annual carrier
operating revenues that meet the threshold amount for Class I
carriers, Class II carriers, and Class III carriers,
respectively, as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations.''; and
(3) by adding at the end thereof the following:
``(4) `safety-related railroad employee' means--
``(A) a railroad employee who is subject to chapter
211;
``(B) another operating railroad employee who is not
subject to chapter 211;
``(C) an employee who maintains the right of way of
a railroad;
``(D) an employee of a railroad carrier who is a
hazmat employee as defined in section 5102(3) of this
title;
``(E) an employee who inspects, repairs, or
maintains locomotives, passenger cars, or freight cars;
and
``(F) any other employee of a railroad carrier who
directly affects railroad safety, as determined by the
Secretary.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a) of title 49, United States Code, is amended to read
as follows:
``(a) In General.--(1) There are authorized to be appropriated to
the Secretary of Transportation to carry out this part and to carry out
responsibilities under chapter 51 as delegated or authorized by the
Secretary--
``(A) $225,000,000 for fiscal year 2009;
``(B) $245,000,000 for fiscal year 2010;
``(C) $266,000,000 for fiscal year 2011;
``(D) $289,000,000 for fiscal year 2012; and
``(E) $293,000,000 for fiscal year 2013.
``(2) With amounts appropriated pursuant to paragraph (1), the
Secretary shall purchase Gage Restraint Measurement System
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122 STAT. 4851
vehicles and track geometry vehicles or other comparable technology as
needed to assess track safety consistent with the results of the track
inspection study required by section 403 of the Rail Safety Improvement
Act of 2008.
``(3) There are authorized to be appropriated to the Secretary
$18,000,000 for the period encompassing fiscal years 2009 through 2013
to design, develop, and construct the Facility for Underground Rail
Station and Tunnel at the Transportation Technology Center in Pueblo,
Colorado. The facility shall be used to test and evaluate the
vulnerabilities of above-ground and underground rail tunnels to prevent
accidents and incidents in such tunnels, to mitigate and remediate the
consequences of any such accidents or incidents, and to provide a
realistic scenario for training emergency responders.
``(4) Such sums as may be necessary from the amount appropriated
pursuant to paragraph (1) for each of the fiscal years 2009 through 2013
shall be made available to the Secretary for personnel in regional
offices and in Washington, D.C., whose duties primarily involve rail
security.''.
TITLE I--RAILROAD SAFETY IMPROVEMENTS
SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS AND DUTIES.
Section 103 [NOTE: 49 USC 103. is amended by striking subsections
(b) through (e) and inserting the following:
``(c) Safety as Highest Priority.--In carrying out its duties, the
Administration shall consider the assignment and maintenance of safety
as the highest priority, recognizing the clear intent, encouragement,
and dedication of Congress to the furtherance of the highest degree of
safety in railroad transportation.
``(d) Administrator.--The [NOTE: President. head of the
Administration shall be the Administrator who shall be appointed by the
President, by and with the advice and consent of the Senate, and shall
be an individual with professional experience in railroad safety,
hazardous materials safety, or other transportation safety. The
Administrator shall report directly to the Secretary of Transportation.
``(e) Deputy Administrator.--The Administration shall have a Deputy
Administrator who shall be appointed by the Secretary. The Deputy
Administrator shall carry out duties and powers prescribed by the
Administrator.
``(f) Chief Safety Officer.--The Administration shall have an
Associate Administrator for Railroad Safety appointed in the career
service by the Secretary. The Associate Administrator shall be the Chief
Safety Officer of the Administration. The Associate Administrator shall
carry out the duties and powers prescribed by the Administrator.
``(g) Duties and Powers of the Administrator.--The Administrator
shall carry out--
``(1) duties and powers related to railroad safety vested in
the Secretary by section 20134(c) and chapters 203 through 211
of this title, and by chapter 213 of this title for carrying out
chapters 203 through 211;
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122 STAT. 4852
``(2) the duties and powers related to railroad policy and
development under subsection (j); and
``(3) other duties and powers prescribed by the Secretary.
``(h) Limitation.--A duty or power specified in subsection (g)(1)
may be transferred to another part of the Department of Transportation
or another Federal Government entity only when specifically provided by
law. A decision of the Administrator in carrying out the duties or
powers of the Administration and involving notice and hearing required
by law is administratively final.
``(i) Authorities.--Subject to the provisions of subtitle I of title
40 and title III of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.), the Secretary of Transportation may
make, enter into, and perform such contracts, grants, leases,
cooperative agreements, and other similar transactions with Federal or
other public agencies (including State and local governments) and
private organizations and persons, and make such payments, by way of
advance or reimbursement, as the Secretary may determine to be necessary
or appropriate to carry out functions at the Administration. The
authority of the Secretary granted by this subsection shall be carried
out by the Administrator. Notwithstanding any other provision of this
chapter, no authority to enter into contracts or to make payments under
this subsection shall be effective, except as provided for in
appropriations Acts.''.
SEC. 102. [NOTE: Plan. 49 USC 20101 note. RAILROAD SAFETY
STRATEGY.
(a) Safety Goals.--In conjunction with existing federally-required
and voluntary strategic planning efforts ongoing at the Department and
the Federal Railroad Administration as of the date of enactment of this
Act, the Secretary shall develop a long-term strategy for improving
railroad safety to cover a period of not less than 5 years. The strategy
shall include an annual plan and schedule for achieving, at a minimum,
the following goals:
(1) Reducing the number and rates of accidents, incidents,
injuries, and fatalities involving railroads including train
collisions, derailments, and human factors.
(2) Improving the consistency and effectiveness of
enforcement and compliance programs.
(3) Improving the identification of high-risk highway-rail
grade crossings and strengthening enforcement and other methods
to increase grade crossing safety.
(4) Improving research efforts to enhance and promote
railroad safety and performance.
(5) Preventing railroad trespasser accidents, incidents,
injuries, and fatalities.
(6) Improving the safety of railroad bridges, tunnels, and
related infrastructure to prevent accidents, incidents,
injuries, and fatalities caused by catastrophic failures and
other bridge and tunnel failures.
(b) Resource Needs.--The strategy and annual plan shall include
estimates of the funds and staff resources needed to accomplish the
goals established by subsection (a). Such estimates shall also include
the staff skills and training required for timely and effective
accomplishment of each such goal.
(c) Submission With the President's Budget.--The Secretary shall
submit the strategy and annual plan to the Senate Committee
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122 STAT. 4853
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure at the
same time as the President's budget submission.
(d) Achievement of Goals.--
(1) Progress assessment.--No [NOTE: Deadline. less
frequently than annually, the Secretary shall assess the
progress of the Department toward achieving the strategic goals
described in subsection (a). The Secretary shall identify any
deficiencies in achieving the goals within the strategy and
develop and institute measures to remediate such deficiencies.
The Secretary and the Administrator shall convey their
assessment to the employees of the Federal Railroad
Administration and shall identify any deficiencies that should
be remediated before the next progress assessment.
(2) Report to congress.--Beginning in 2009, not later than
November 1 of each year, the Secretary shall transmit a report
to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and
Infrastructure on the performance of the Federal Railroad
Administration containing the progress assessment required by
paragraph (1) toward achieving the goals of the railroad safety
strategy and annual plans under subsection (a).
SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM.
(a) In General.--Subchapter II of chapter 201 is amended by adding
at end thereof the following:
``Sec. 20156. Railroad safety risk reduction program
``(a) In General.--
``(1) Program requirement.--
Not [NOTE: Deadline. Regulations. later than 4 years after
the date of enactment of the Rail Safety Improvement Act of
2008, the Secretary of Transportation, by regulation, shall
require each railroad carrier that is a Class I railroad, a
railroad carrier that has inadequate safety performance (as
determined by the Secretary), or a railroad carrier that
provides intercity rail passenger or commuter rail passenger
transportation--
``(A) to develop a railroad safety risk reduction
program under subsection (d) that systematically
evaluates railroad safety risks on its system and
manages those risks in order to reduce the numbers and
rates of railroad accidents, incidents, injuries, and
fatalities;
``(B) to submit its program, including any required
plans, to the Secretary for review and approval; and
``(C) to implement the program and plans approved by
the Secretary.
``(2) Reliance on pilot program.--The Secretary may conduct
behavior-based safety and other research, including pilot
programs, before promulgating regulations under this subsection
and thereafter. The Secretary shall use any information and
experience gathered through such research and pilot programs
under this subsection in developing regulations under this
section.
``(3) Review and approval.--The Secretary shall review and
approve or disapprove railroad safety risk reduction program
plans within a reasonable period of time. If
the [NOTE: Notification. proposed plan is not approved, the
Secretary shall notify the affected
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122 STAT. 4854
railroad carrier as to the specific areas in which the proposed
plan is deficient, and the railroad carrier shall correct all
deficiencies within a reasonable period of time following
receipt of written notice from the Secretary. The
Secretary [NOTE: Deadline. shall annually conduct a review to
ensure that the railroad carriers are complying with their
plans.
``(4) Voluntary compliance.--A railroad carrier that is not
required to submit a railroad safety risk reduction program
under this section may voluntarily submit a program that meets
the requirements of this section to the Secretary. The Secretary
shall approve or disapprove any program submitted under this
paragraph.
``(b) Certification.--The chief official responsible for safety of
each railroad carrier required to submit a railroad safety risk
reduction program under subsection (a) shall certify that the contents
of the program are accurate and that the railroad carrier will implement
the contents of the program as approved by the Secretary.
``(c) Risk Analysis.--In developing its railroad safety risk
reduction program each railroad carrier required to submit such a
program pursuant to subsection (a) shall identify and analyze the
aspects of its railroad, including operating rules and practices,
infrastructure, equipment, employee levels and schedules, safety
culture, management structure, employee training, and other matters,
including those not covered by railroad safety regulations or other
Federal regulations, that impact railroad safety.
``(d) Program Elements.--
``(1) In general.--Each railroad carrier required to submit
a railroad safety risk reduction program under subsection (a)
shall develop a comprehensive safety risk reduction program to
improve safety by reducing the number and rates of accidents,
incidents, injuries, and fatalities that is based on the risk
analysis required by subsection (c) through--
``(A) the mitigation of aspects that increase risks
to railroad safety; and
``(B) the enhancement of aspects that decrease risks
to railroad safety.
``(2) Required components.--Each railroad carrier's safety
risk reduction program shall include a risk mitigation plan in
accordance with this section, a technology implementation plan
that meets the requirements of subsection (e), and a fatigue
management plan that meets the requirements of subsection (f).
``(e) Technology Implementation Plan.--
``(1) In general.--As part of its railroad safety risk
reduction program, a railroad carrier required to submit a
railroad safety risk reduction program under subsection (a)
shall develop, and periodically update as necessary, a 10-year
technology implementation plan that describes the railroad
carrier's plan for development, adoption, implementation,
maintenance, and use of current, new, or novel technologies on
its system over a 10-year period to reduce safety risks
identified under the railroad safety risk reduction program. Any
updates to the plan are subject to review and approval by the
Secretary.
``(2) Technology analysis.--A railroad carrier's technology
implementation plan shall include an analysis of the safety
impact, feasibility, and cost and benefits of implementing
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122 STAT. 4855
technologies, including processor-based technologies, positive
train control systems (as defined in section 20157(i)),
electronically controlled pneumatic brakes, rail integrity
inspection systems, rail integrity warning systems, switch
position monitors and indicators, trespasser prevention
technology, highway-rail grade crossing technology, and other
new or novel railroad safety technology, as appropriate, that
may mitigate risks to railroad safety identified in the risk
analysis required by subsection (c).
``(3) Implementation schedule.--A railroad carrier's
technology implementation plan shall contain a prioritized
implementation schedule for the development, adoption,
implementation, and use of current, new, or novel technologies
on its system to reduce safety risks identified under the
railroad safety risk reduction program.
``(4) Positive train control.--Except as required by section
20157 (relating to the requirements for implementation of
positive train control systems), the Secretary shall ensure
that--
``(A) each railroad carrier's technology
implementation plan required under paragraph (1) that
includes a schedule for implementation of a positive
train control system complies with that schedule; and
``(B) each [NOTE: Deadline. railroad carrier
required to submit such a plan implements a positive
train control system pursuant to such plan by December
31, 2018.
``(f) Fatigue Management Plan.--
``(1) In general.--As [NOTE: Deadline. part of its
railroad safety risk reduction program, a railroad carrier
required to submit a railroad safety risk reduction program
under subsection (a) shall develop and update at least once
every 2 years a fatigue management plan that is designed to
reduce the fatigue experienced by safety-related railroad
employees and to reduce the likelihood of accidents, incidents,
injuries, and fatalities caused by fatigue. Any such update
shall be subject to review and approval by the Secretary.
``(2) Targeted fatigue countermeasures.--A railroad
carrier's fatigue management plan shall take into account the
varying circumstances of operations by the railroad on different
parts of its system, and shall prescribe appropriate fatigue
countermeasures to address those varying circumstances.
``(3) Additional elements.--A railroad shall consider the
need to include in its fatigue management plan elements
addressing each of the following items, as applicable:
``(A) Employee education and training on the
physiological and human factors that affect fatigue, as
well as strategies to reduce or mitigate the effects of
fatigue, based on the most current scientific and
medical research and literature.
``(B) Opportunities for identification, diagnosis,
and treatment of any medical condition that may affect
alertness or fatigue, including sleep disorders.
``(C) Effects on employee fatigue of an employee's
short-term or sustained response to emergency
situations, such as derailments and natural disasters,
or engagement in other intensive working conditions.
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122 STAT. 4856
``(D) Scheduling practices for employees, including
innovative scheduling practices, on-duty call practices,
work and rest cycles, increased consecutive days off for
employees, changes in shift patterns, appropriate
scheduling practices for varying types of work, and
other aspects of employee scheduling that would reduce
employee fatigue and cumulative sleep loss.
``(E) Methods to minimize accidents and incidents
that occur as a result of working at times when
scientific and medical research have shown increased
fatigue disrupts employees' circadian rhythm.
``(F) Alertness strategies, such as policies on
napping, to address acute drowsiness and fatigue while
an employee is on duty.
``(G) Opportunities to obtain restful sleep at
lodging facilities, including employee sleeping quarters
provided by the railroad carrier.
``(H) The increase of the number of consecutive
hours of off-duty rest, during which an employee
receives no communication from the employing railroad
carrier or its managers, supervisors, officers, or
agents.
``(I) Avoidance of abrupt changes in rest cycles for
employees.
``(J) Additional elements that the Secretary
considers appropriate.
``(g) Consensus.--
``(1) In general.--Each [NOTE: Consultation. railroad
carrier required to submit a railroad safety risk reduction
program under subsection (a) shall consult with, employ good
faith and use its best efforts to reach agreement with, all of
its directly affected employees, including any non-profit
employee labor organization representing a class or craft of
directly affected employees of the railroad carrier, on the
contents of the safety risk reduction program.
``(2) Statement.--If the railroad carrier and its directly
affected employees, including any nonprofit employee labor
organization representing a class or craft of directly affected
employees of the railroad carrier, cannot reach consensus on the
proposed contents of the plan, then directly affected employees
and such organization may file a statement with the Secretary
explaining their views on the plan on which consensus was not
reached. The Secretary shall consider such views during review
and approval of the program.
``(h) Enforcement.--The Secretary shall have the authority to assess
civil penalties pursuant to chapter 213 for a violation of this section,
including the failure to submit, certify, or comply with a safety risk
reduction program, risk mitigation plan, technology implementation plan,
or fatigue management plan.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 is
amended by inserting after the item relating to section 20155 the
following:
``20156. Railroad safety risk reduction program.''.
SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL.
(a) In General.--Subchapter II of chapter 201, as amended by section
103 of this division, is further amended by adding at the end thereof
the following:
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122 STAT. 4857
``Sec. 20157. Implementation of positive train control systems
``(a) In General.--
``(1) Plan required.--Not [NOTE: Deadlines. later than 18
months after the date of enactment of the Rail Safety
Improvement Act of 2008, each Class I railroad carrier and each
entity providing regularly scheduled intercity or commuter rail
passenger transportation shall develop and submit to the
Secretary of Transportation a plan for implementing a positive
train control system by December 31, 2015, governing operations
on--
``(A) its main line over which intercity rail
passenger transportation or commuter rail passenger
transportation, as defined in section 24102, is
regularly provided;
``(B) its main line over which poison- or toxic-by-
inhalation hazardous materials, as defined in parts
171.8, 173.115, and 173.132 of title 49, Code of Federal
Regulations, are transported; and
``(C) such other tracks as the Secretary may
prescribe by regulation or order.
``(2) Implementation.--The plan shall describe how it will
provide for interoperability of the system with movements of
trains of other railroad carriers over its lines and shall, to
the extent practical, implement the system in a manner that
addresses areas of greater risk before areas of lesser risk. The
railroad carrier shall implement a positive train control system
in accordance with the plan.
``(b) Technical Assistance.--The Secretary may provide technical
assistance and guidance to railroad carriers in developing the plans
required under subsection (a).
``(c) Review [NOTE: Deadlines. and Approval.--Not later than 90
days after the Secretary receives a plan, the Secretary shall review and
approve or disapprove it. If the [NOTE: Notification. proposed plan
is not approved, the Secretary shall notify the affected railroad
carrier or other entity as to the specific areas in which the proposed
plan is deficient, and the railroad carrier or other entity shall
correct all deficiencies within 30 days following receipt of written
notice from the Secretary. The Secretary shall annually conduct a review
to ensure that the railroad carriers are complying with their plans.
``(d) Report.--Not later than December 31, 2012, the Secretary shall
transmit a report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the progress of the railroad
carriers in implementing such positive train control systems.
``(e) Enforcement.--The Secretary is authorized to assess civil
penalties pursuant to chapter 213 for a violation of this section,
including the failure to submit or comply with a plan for implementing
positive train control under subsection (a).
``(f) Other Railroad Carriers.--Nothing in this section restricts
the discretion of the Secretary to require railroad carriers other than
those specified in subsection (a) to implement a positive train control
system pursuant to this section or section 20156, or to specify the
period by which implementation shall occur that does not exceed the time
limits established in this section or section 20156. In exercising such
discretion, the Secretary shall, at a minimum, consider the risk to
railroad employees and the public associated with the operations of the
railroad carrier.
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122 STAT. 4858
``(g) Regulations.--The Secretary shall prescribe regulations or
issue orders necessary to implement this section, including regulations
specifying in appropriate technical detail the essential functionalities
of positive train control systems, and the means by which those systems
will be qualified.
``(h) Certification.--The Secretary shall not permit the
installation of any positive train control system or component in
revenue service unless the Secretary has certified that any such system
or component has been approved through the approval process set forth in
part 236 of title 49, Code of Federal Regulations, and complies with the
requirements of that part.
``(i) Definitions.--In this section:
``(1) Interoperability.--The term `interoperability' means
the ability to control locomotives of the host railroad and
tenant railroad to communicate with and respond to the positive
train control system, including uninterrupted movements over
property boundaries.
``(2) Main line.--The term `main line' means a segment or
route of railroad tracks over which 5,000,000 or more gross tons
of railroad traffic is transported annually, except that--
``(A) the Secretary may, through regulations under
subsection (g), designate additional tracks as main line
as appropriate for this section; and
``(B) for intercity rail passenger transportation or
commuter rail passenger transportation routes or
segments over which limited or no freight railroad
operations occur, the Secretary shall define the term
`main line' by regulation.
``(3) Positive train control system.--The term `positive
train control system' means a system designed to prevent train-
to-train collisions, over-speed derailments, incursions into
established work zone limits, and the movement of a train
through a switch left in the wrong position.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 103 of this division, is amended by inserting after
the item relating to section 20156 the following:
``20157. Implementation of positive train control systems.''.
SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS.
(a) In General.--Subchapter II of chapter 201, as amended by section
104 of this division, is further amended by adding at the end thereof
the following:
``Sec. 20158. Railroad safety technology grants
``(a) Grant Program.--The Secretary of Transportation shall
establish a grant program for the deployment of train control
technologies, train control component technologies, processor-based
technologies, electronically controlled pneumatic brakes, rail integrity
inspection systems, rail integrity warning systems, switch position
indicators and monitors, remote control power switch technologies, track
integrity circuit technologies, and other new or novel railroad safety
technology.
``(b) Grant Criteria.--
``(1) Eligibility.--Grants shall be made under this section
to eligible passenger and freight railroad carriers, railroad
suppliers, and State and local governments for projects
described
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122 STAT. 4859
in subsection (a) that have a public benefit of improved safety
and network efficiency.
``(2) Considerations.--Priority shall be given to projects
that--
``(A) focus on making technologies interoperable
between railroad systems, such as train control
technologies;
``(B) accelerate train control technology deployment
on high-risk corridors, such as those that have high
volumes of hazardous materials shipments or over which
commuter or passenger trains operate; or
``(C) benefit both passenger and freight safety and
efficiency.
``(3) Implementation plans.--Grants may not be awarded under
this section to entities that fail to develop and submit to the
Secretary the plans required by sections 20156(e)(2) and 20157.
``(4) Matching requirements.--Federal funds for any eligible
project under this section shall not exceed 80 percent of the
total cost of such project.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $50,000,000 for each of
fiscal years 2009 through 2013 to carry out this section. Amounts
appropriated pursuant to this section shall remain available until
expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 104 of this division, is further amended by inserting
after the item relating to section 20157 the following:
``20158. Railroad safety technology grants.''.
SEC. 106. [NOTE: 49 USC 20101 note. REPORTS ON STATUTORY
MANDATES AND RECOMMENDATIONS.
Not later than December 31, 2008, and annually thereafter, the
Secretary shall transmit a report to the House of Representatives
Committee on Transportation and Infrastructure and the Senate Committee
on Commerce, Science, and Transportation on the specific actions taken
to implement unmet statutory mandates regarding railroad safety and each
open railroad safety recommendation made by the National Transportation
Safety Board or the Department's Inspector General.
SEC. 107. RULEMAKING PROCESS.
(a) Amendment.--Subchapter I of chapter 201 is amended by inserting
after section 20115 the following new section:
``Sec. 20116. Rulemaking process
``No rule or order issued by the Secretary under this part shall be
effective if it incorporates by reference a code, rule, standard,
requirement, or practice issued by an association or other entity that
is not an agency of the Federal Government, unless the date on which the
code, rule, standard, requirement, or practice was adopted is
specifically cited in the rule or order, or the code, rule, standard,
requirement, or practice has been subject to notice and comment under a
rule or order issued under this part.''.
[[Page 4860]]
122 STAT. 4860
(b) Conforming Amendment.--The chapter analysis for chapter 201 is
amended by inserting after the item relating to section 20115 the
following:
``20116. Rulemaking process.''.
SEC. 108. HOURS-OF-SERVICE REFORM.
(a) Change in Definition of Signal Employee.--Section
21101(4) [NOTE: 49 USC 21101. is amended by striking ``employed by a
railroad carrier''.
(b) Limitation on Duty Hours of Train Employees.--Section 21103 is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Except as provided in subsection (d) of this
section, a railroad carrier and its officers and agents may not require
or allow a train employee to--
``(1) remain on duty, go on duty, wait for deadhead
transportation, be in deadhead transportation from a duty
assignment to the place of final release, or be in any other
mandatory service for the carrier in any calendar month where
the employee has spent a total of 276 hours--
``(A) on duty;
``(B) waiting for deadhead transportation, or in
deadhead transportation from a duty assignment to the
place of final release; or
``(C) in any other mandatory service for the
carrier;
``(2) remain or go on duty for a period in excess of 12
consecutive hours;
``(3) remain or go on duty unless that employee has had at
least 10 consecutive hours off duty during the prior 24 hours;
or
``(4) remain or go on duty after that employee has initiated
an on-duty period each day for--
``(A) 6 consecutive days, unless that employee has
had at least 48 consecutive hours off duty at the
employee's home terminal during which time the employee
is unavailable for any service for any railroad carrier
except that--
``(i) an employee may work a seventh
consecutive day if that employee completed his or
her final period of on-duty time on his or her
sixth consecutive day at a terminal other than his
or her home terminal; and
``(ii) any employee who works a seventh
consecutive day pursuant to subparagraph (i) shall
have at least 72 consecutive hours off duty at the
employee's home terminal during which time the
employee is unavailable for any service for any
railroad carrier; or
``(B) except as provided in subparagraph (A), 7
consecutive days, unless that employee has had at least
72 consecutive hours off duty at the employee's home
terminal during which time the employee is unavailable
for any service for any railroad carrier, if--
``(i) for a period of 18 months following the
date of enactment of the Rail Safety Improvement
Act of 2008, an existing collective bargaining
agreement expressly provides for such a schedule
or, following the expiration of 18 months after
the date of enactment of the Rail Safety
Improvement Act of 2008, collective
[[Page 4861]]
122 STAT. 4861
bargaining agreements entered into during such
period expressly provide for such a schedule;
``(ii) such a schedule is provided for by a
pilot program authorized by a collective
bargaining agreement; or
``(iii) such a schedule is provided for by a
pilot program under section 21108 of this chapter
related to employees' work and rest cycles.
The Secretary may waive [NOTE: Waiver authority. paragraph (4),
consistent with the procedural requirements of section 20103, if a
collective bargaining agreement provides a different arrangement and
such an arrangement is in the public interest and consistent with
railroad safety.'';
(2) by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Limbo Time Limitation and Additional Rest Requirement.--
``(1) A railroad carrier may not require or allow an
employee--
``(A) to exceed a total of 40 hours per calendar
month spent--
``(i) waiting for deadhead transportation; or
``(ii) in deadhead transportation from a duty
assignment to the place of final release,
following a period of 12 consecutive hours on duty that
is neither time on duty nor time off duty, not including
interim rest periods, during the period from the date of
enactment of the Rail Safety Improvement Act of 2008 to
one year after such date of enactment; and
``(B) to exceed a total of 30 hours per calendar
month spent--
``(i) waiting for deadhead transportation; or
``(ii) in deadhead transportation from a duty
assignment to the place of final release,
following a period of 12 consecutive hours on duty that
is neither time on duty nor time off duty, not including
interim rest periods, during the period beginning one
year after the date of enactment of the Rail Safety
Improvement Act of 2008 except that the Secretary may
further limit the monthly limitation pursuant to
regulations prescribed under section 21109.
``(2) [NOTE: Applicability. The limitations in paragraph
(1) shall apply unless the train carrying the employee is
directly delayed by--
``(A) a casualty;
``(B) an accident;
``(C) an act of God;
``(D) a derailment;
``(E) a major equipment failure that prevents the
train from advancing; or
``(F) a delay resulting from a cause unknown and
unforeseeable to a railroad carrier or its officer or
agent in charge of the employee when the employee left a
terminal.
``(3) [NOTE: Reports. Procedures. Each railroad carrier
shall report to the Secretary, in accordance with procedures
established by the Secretary, each instance where an employee
subject to this section spends time waiting for deadhead
transportation or in deadhead
[[Page 4862]]
122 STAT. 4862
transportation from a duty assignment to the place of final
release in excess of the requirements of paragraph (1).
``(4) If--
``(A) the time spent waiting for deadhead
transportation or in deadhead transportation from a duty
assignment to the place of final release that is not
time on duty, plus
``(B) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and its
officers and agents shall provide the employee with additional
time off duty equal to the number of hours by which such sum
exceeds 12 hours.''; and
(3) by adding at the end thereof the following:
``(e) Communication During Time Off Duty.--During a train employee's
minimum off-duty period of 10 consecutive hours, as provided under
subsection (a) or during an interim period of at least 4 consecutive
hours available for rest under subsection (b)(7) or during additional
off-duty hours under subsection (c)(4), a railroad carrier, and its
officers and agents, shall not communicate with the train employee by
telephone, by pager, or in any other manner that could reasonably be
expected to disrupt the employee's rest. Nothing in this subsection
shall prohibit communication necessary to notify an employee of an
emergency situation, as defined by the Secretary. The Secretary
may [NOTE: Waiver authority. waive the requirements of this paragraph
for commuter or intercity passenger railroads if the Secretary
determines that such a waiver will not reduce safety and is necessary to
maintain such railroads' efficient operations and on-time performance of
its trains.''.
(c) Limitation on Duty Hours of Signal Employees.--Section
21104 [NOTE: 49 USC 21104. is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not require
or allow its signal employees to remain or go on duty and a contractor
or subcontractor to a railroad carrier and its officers and agents may
not require or allow its signal employees to remain or go on duty --
``(1) for a period in excess of 12 consecutive hours; or
``(2) unless that employee has had at least 10 consecutive
hours off duty during the prior 24 hours.'';
(2) by striking ``duty, except that up to one hour of that
time spent returning from the final trouble call of a period of
continuous or broken service is time off duty.'' in subsection
(b)(3) and inserting ``duty.'';
(3) by inserting ``A signal employee may not be allowed to
remain or go on duty under the emergency authority provided
under this subsection to conduct routine repairs, routine
maintenance, or routine inspection of signal systems.'' after
``service.'' in subsection (c); and
(4) by adding at the end the following:
``(d) Communication During Time Off Duty.--During a signal
employee's minimum off-duty period of 10 consecutive hours, as provided
under subsection (a), a railroad carrier or a contractor or
subcontractor to a railroad carrier, and its officers and agents, shall
not communicate with the signal employee by telephone, by pager, or in
any other manner that could reasonably be expected to disrupt the
employee's rest. Nothing in this subsection shall
[[Page 4863]]
122 STAT. 4863
prohibit communication necessary to notify an employee of an emergency
situation, as defined by the Secretary.
``(e) Exclusivity.--The hours of service, duty hours, and rest
periods of signal employees shall be governed exclusively by this
chapter. Signal employees operating motor vehicles shall not be subject
to any hours of service rules, duty hours or rest period rules
promulgated by any Federal authority, including the Federal Motor
Carrier Safety Administration, other than the Federal Railroad
Administration.''.
(d) Alternate Hours of Service Regime.--
(1) Application of hours of service regime.--Section 21102
is [NOTE: 49 USC 21102. amended--
(A) by striking the section caption and inserting
the following:
``Sec. 21102. Nonapplication, exemption, and alternate hours of
service regime''; and
(B) by adding at the end thereof the following:
``(c) Application of Hours of Service Regime to Commuter and
Intercity Passenger Railroad Train Employees.--
``(1) When providing commuter rail passenger transportation
or intercity rail passenger transportation, the limitations on
duty hours for train employees of railroad carriers, including
public authorities operating passenger service, shall be solely
governed by old section 21103 until the earlier of--
``(A) the effective date of regulations prescribed
by the Secretary under section 21109(b) of this chapter;
or
``(B) the date that is 3 years following the date of
enactment of the Rail Safety Improvement Act of 2008.
``(2) After the date on which old section 21103 ceases to
apply, pursuant to paragraph (1), to the limitations on duty
hours for train employees of railroad carriers with respect to
the provision of commuter rail passenger transportation or
intercity rail passenger transportation, the limitations on duty
hours for train employees of such railroad carriers shall be
governed by new section 21103, except as provided in paragraph
(3).
``(3) After the effective date of the regulations prescribed
by the Secretary under section 21109(b) of this title, such
carriers shall--
``(A) comply with the limitations on duty hours for
train employees with respect to the provision of
commuter rail passenger transportation or intercity rail
passenger transportation as prescribed by such
regulations; and
``(B) be exempt from complying with the provisions
of old section 21103 and new section 21103 for such
employees.
``(4) In this subsection:
``(A) The terms `commuter rail passenger
transportation' and `intercity rail passenger
transportation' have the meaning given those terms in
section 24102 of this title.
``(C) The term `new section 21103' means section
21103 of this chapter as amended by the Rail Safety
Improvement Act of 2008.
[[Page 4864]]
122 STAT. 4864
``(D) The term `old section 21103' means section
21103 of this chapter as it was in effect on the day
before the enactment of that Act.''.
(2) Conforming amendment.--The chapter analysis for chapter
211 is amended by striking the item relating to section 21102
and inserting the following:
``21102. Nonapplication, exemption, and alternate hours of service
regime.''.
(e) Regulatory Authority.--
(1) In general.--Chapter 211 is amended by adding at the end
thereof the following:
``Sec. 21109. Regulatory authority
``(a) In General.--In order to improve safety and reduce employee
fatigue, the Secretary may prescribe regulations--
``(1) to reduce the maximum hours an employee may be
required or allowed to go or remain on duty to a level less than
the level established under this chapter;
``(2) to increase the minimum hours an employee may be
required or allowed to rest to a level greater than the level
established under this chapter;
``(3) to limit or eliminate the amount of time an employee
spends waiting for deadhead transportation or in deadhead
transportation from a duty assignment to the place of final
release that is considered neither on duty nor off duty under
this chapter;
``(4) for signal employees--
``(A) to limit or eliminate the amount of time that
is considered to be neither on duty nor off duty under
this chapter that an employee spends returning from an
outlying worksite after scheduled duty hours or
returning from a trouble call to the employee's
headquarters or directly to the employee's residence;
and
``(B) to increase the amount of time that
constitutes a release period, that does not break the
continuity of service and is considered time off duty;
and
``(5) to require other changes to railroad operating and
scheduling practices, including unscheduled duty calls, that
could affect employee fatigue and railroad safety.
``(b) Regulations Governing the Hours of Service of Train Employees
of Commuter and Intercity Passenger Railroad Carriers.--
Within [NOTE: Deadline. Orders. 3 years after the date of enactment
of the Rail Safety Improvement Act of 2008, the Secretary shall
prescribe regulations and issue orders to establish hours of service
requirements for train employees engaged in commuter rail passenger
transportation and intercity rail passenger transportation (as defined
in section 24102 of this title) that may differ from the requirements of
this chapter. Such regulations and orders may address railroad operating
and scheduling practices, including unscheduled duty calls,
communications during time off duty, and time spent waiting for deadhead
transportation or in deadhead transportation from a duty assignment to
the place of final release, that could affect employee fatigue and
railroad safety.
``(c) Considerations.--In issuing regulations under subsection (a)
the Secretary shall consider scientific and medical research related to
fatigue and fatigue abatement, railroad scheduling and operating
practices that improve safety or reduce employee fatigue,
[[Page 4865]]
122 STAT. 4865
a railroad's use of new or novel technology intended to reduce or
eliminate human error, the variations in freight and passenger railroad
scheduling practices and operating conditions, the variations in duties
and operating conditions for employees subject to this chapter, a
railroad's required or voluntary use of fatigue management plans
covering employees subject to this chapter, and any other relevant
factors.
``(d) [NOTE: Deadlines. Regulations. Time Limits.--
``(1) If the Secretary determines that regulations are
necessary under subsection (a), the Secretary shall first
request that the Railroad Safety Advisory Committee develop
proposed regulations and, if the Committee accepts the task,
provide the Committee with a reasonable time period in which to
complete the task.
``(2) If the Secretary requests that the Railroad Safety
Advisory Committee accept the task of developing regulations
under subsection (b) and the Committee accepts the task, the
Committee shall reach consensus on the rulemaking within 18
months after accepting the task. If the Committee does not reach
consensus within 18 months after the Secretary makes the
request, the Secretary shall prescribe appropriate regulations
within 18 months.
``(3) If the Secretary does not request that the Railroad
Safety Advisory Committee accept the task of developing
regulations under subsection (b), the Secretary shall prescribe
regulations within 3 years after the date of enactment of the
Rail Safety Improvement Act of 2008.
``(e) Pilot Projects.--
``(1) In general.--Not [NOTE: Deadline. later than 2
years after the date of enactment of the Rail Safety Improvement
Act of 2008, the Secretary shall conduct at least 2 pilot
projects of sufficient size and scope to analyze specific
practices which may be used to reduce fatigue for train and
engine and other railroad employees as follows:
``(A) A pilot project at a railroad or railroad
facility to evaluate the efficacy of communicating to
employees notice of their assigned shift time 10 hours
prior to the beginning of their assigned shift as a
method for reducing employee fatigue.
``(B) A pilot project at a railroad or railroad
facility to evaluate the efficacy of requiring railroads
who use employee scheduling practices that subject
employees to periods of unscheduled duty calls to assign
employees to defined or specific unscheduled call shifts
that are followed by shifts not subject to call, as a
method for reducing employee fatigue.
``(2) Waiver.--The Secretary may temporarily waive the
requirements of this section, if necessary, to complete a pilot
project under this subsection.
``(f) Duty Call Defined.--In this section the term `duty call' means
a telephone call that a railroad places to an employee to notify the
employee of his or her assigned shift time.''.
(2) Conforming amendments.--
(A) The chapter analysis for chapter 211 is amended
by adding at the end thereof the following:
``21109. Regulatory authority.''.
[[Page 4866]]
122 STAT. 4866
(B) The first sentence of section
21303(a)(1) [NOTE: 49 USC 21303. is amended by
inserting ``including section 21103 (as such section was
in effect on the day before the date of enactment of the
Rail Safety Improvement Act of 2008),'' after ``this
title,'' the second place it appears.
(f) Record [NOTE: 49 USC 21101 note. Keeping and Reporting.--
(1) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall prescribe a
regulation revising the requirements for recordkeeping and
reporting for Hours of Service of Railroad Employees contained
in part 228 of title 49, Code of Federal Regulations--
(A) to adjust record keeping and reporting
requirements to support compliance with chapter 211 of
title 49, United States Code, as amended by this Act;
(B) to authorize electronic record keeping, and
reporting of excess service, consistent with appropriate
considerations for user interface; and
(C) to require training of affected employees and
supervisors, including training of employees in the
entry of hours of service data.
(2) Procedure.--In lieu of issuing a notice of proposed
rulemaking as contemplated by section 553 of title 5, United
States Code, the Secretary may utilize the Railroad Safety
Advisory Committee to assist in development of the regulation.
The Secretary may propose and adopt amendments to the revised
regulations thereafter as may be necessary in light of
experience under the revised requirements.
(g) Delay [NOTE: 49 USC 21101 note. in Implementation of Duty
Hours Limitation Changes.--The [NOTE: Effective date. amendments made
by subsections (a), (b), and (c) shall take effect 9 months after the
date of enactment of this Act.
SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES INFORMATION.
(a) Amendment.--Subchapter I of chapter 201 is amended by adding at
the end thereof the following:
``Sec. 20118. Prohibition on public disclosure of railroad safety
analysis records
``(a) In General.--Except as necessary for the Secretary of
Transportation or another Federal agency to enforce or carry out any
provision of Federal law, any part of any record (including, but not
limited to, a railroad carrier's analysis of its safety risks and its
statement of the mitigation measures it has identified with which to
address those risks) that the Secretary has obtained pursuant to a
provision of, or regulation or order under, this chapter related to the
establishment, implementation, or modification of a railroad safety risk
reduction program or pilot program is exempt from the requirements of
section 552 of title 5 if the record is--
``(1) supplied to the Secretary pursuant to that safety risk
reduction program or pilot program; or
``(2) made available for inspection and copying by an
officer, employee, or agent of the Secretary pursuant to that
safety risk reduction program or pilot program.
``(b) Exception.--Notwithstanding subsection (a), the Secretary may
disclose any part of any record comprised of facts otherwise available
to the public if, in the Secretary's sole discretion, the
[[Page 4867]]
122 STAT. 4867
Secretary determines that disclosure would be consistent with the
confidentiality needed for that safety risk reduction program or pilot
program.
``(c) Discretionary Prohibition of Disclosure.--The Secretary may
prohibit the public disclosure of risk analyses or risk mitigation
analyses that the Secretary has obtained under other provisions of, or
regulations or orders under, this chapter if the Secretary determines
that the prohibition of public disclosure is necessary to promote
railroad safety.
``Sec. 20119. Study on use of certain reports and surveys
``(a) Study.--The Federal Railroad Administration shall complete a
study to evaluate whether it is in the public interest, including public
safety and the legal rights of persons injured in railroad accidents, to
withhold from discovery or admission into evidence in a Federal or State
court proceeding for damages involving personal injury or wrongful death
against a carrier any report, survey, schedule, list, or data compiled
or collected for the purpose of evaluating, planning, or implementing a
railroad safety risk reduction program required under this chapter,
including a railroad carrier's analysis of its safety risks and its
statement of the mitigation measures with which it will address those
risks. In conducting this study, the Secretary shall solicit input from
the railroads, railroad non-profit employee labor organizations,
railroad accident victims and their families, and the general public.
``(b) Authority.--Following completion of the study required under
subsection (a), the Secretary, if in the public interest, including
public safety and the legal rights of persons injured in railroad
accidents, may prescribe a rule subject to notice and comment to address
the results of the study. Any [NOTE: Effective date. such rule
prescribed pursuant to this subsection shall not become effective until
1 year after its adoption.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 is
amended by inserting after the item relating to section 20117 the
following:
``20118. Prohibition on public disclosure of railroad safety analysis
records.
``20119. Study on use of certain reports and surveys.''.
SEC. 110. PILOT PROJECTS.
Section 21108 [NOTE: 49 USC 21108. is amended to read as follows:
``Sec. 21108. Pilot projects
``(a) In General.--As of the date of enactment of the Rail Safety
Improvement Act of 2008, a railroad carrier or railroad carriers and all
nonprofit employee labor organizations representing any class or craft
of directly affected covered service employees of the railroad carrier
or railroad carriers, may jointly petition the Secretary of
Transportation for approval of--
``(1) a waiver of compliance with this chapter as in effect
on the date of enactment of the Rail Safety Improvement Act of
2008; or
``(2) a waiver of compliance with this chapter as it will be
effective 9 months after the enactment of the Rail Safety
Improvement Act of 2008,
to enable the establishment of one or more pilot projects to demonstrate
the possible benefits of implementing alternatives to the strict
application of the requirements of this chapter, including
[[Page 4868]]
122 STAT. 4868
requirements concerning maximum on-duty and minimum off-duty periods.
``(b) Granting of Waivers.--The [NOTE: Notice. Secretary may,
after notice and opportunity for comment, approve such waivers described
in subsection (a) for a period not to exceed two years, if the Secretary
determines that such a waiver of compliance is in the public interest
and is consistent with railroad safety.
``(c) Extensions.--Any such waiver, based on a new petition, may be
extended for additional periods of up to two years, after notice and
opportunity for comment. An [NOTE: Federal
Register, publication. explanation of any waiver granted under this
section shall be published in the Federal Register.
``(d) Report.--The Secretary of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, no later than December 31, 2012, or, if no projects are
completed prior to December 31, 2012, no later than 6 months after the
completion of a pilot project, a report that--
``(1) explains and analyzes the effectiveness of any pilot
project established pursuant to a waiver granted under
subsection (a);
``(2) describes the status of all other waivers granted
under subsection (a) and their related pilot projects, if any;
and
``(3) recommends any appropriate legislative changes to this
chapter.
``(e) Definition.--For purposes of this section, the term `directly
affected covered service employees' means covered service employees to
whose hours of service the terms of the waiver petitioned for
specifically apply.''.
TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND
TRESPASSER PREVENTION
SEC. 201. [NOTE: 49 USC 20134 note. PEDESTRIAN CROSSING SAFETY.
Not [NOTE: Deadline. Guidance. later than 1 year after the date
of enactment of this Act, the Secretary shall provide guidance to
railroads on strategies and methods to prevent pedestrian accidents,
incidents, injuries, and fatalities at or near passenger stations,
including--
(1) providing audible warning of approaching trains to the
pedestrians at railroad passenger stations;
(2) using signs, signals, or other visual devices to warn
pedestrians of approaching trains;
(3) installing infrastructure at pedestrian crossings to
improve the safety of pedestrians crossing railroad tracks;
(4) installing fences to prohibit access to railroad tracks;
and
(5) other strategies or methods as determined by the
Secretary.
SEC. 202. [NOTE: 49 USC 22501 note. STATE ACTION PLANS.
(a) In General.--Not [NOTE: Deadline. later than 1 year after the
date of enactment of this Act, the Secretary shall identify the 10
States that
[[Page 4869]]
122 STAT. 4869
have had the most highway-rail grade crossing collisions, on average,
over the past 3 years and require those States to develop a State grade
crossing action plan within a reasonable period of time, as determined
by the Secretary. The plan shall identify specific solutions for
improving safety at crossings, including highway-rail grade crossing
closures or grade separations, and shall focus on crossings that have
experienced multiple accidents or are at high risk for such accidents.
The Secretary shall provide assistance to the States in developing and
carrying out, as appropriate, the plan. The plan may be coordinated with
other State or Federal planning requirements and shall cover a period of
time determined to be appropriate by the Secretary. The Secretary may
condition the awarding of any grants under section 20158, 20167, or
22501 of title 49, United States Code, to a State identified under this
section on the development of such State's plan.
(b) Review and Approval.--Not [NOTE: Deadlines. later than 60
days after the Secretary receives a plan under subsection (a), the
Secretary shall review and approve or disapprove it.
If [NOTE: Notification. the proposed plan is disapproved, the
Secretary shall notify the affected State as to the specific areas in
which the proposed plan is deficient, and the State shall correct all
deficiencies within 30 days following receipt of written notice from the
Secretary.
SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL GRADE
CROSSINGS.
(a) In General.--Subchapter II of chapter 201, as amended by section
105 of this division, is further amended by inserting after section
20158 the following:
``Sec. 20159. Roadway user sight distance at highway-rail grade
crossings
``Not [NOTE: Deadline. later than 18 months after the date of
enactment of the Rail Safety Improvement Act of 2008, the Secretary,
after consultation with the Federal Railroad Administration, the Federal
Highway Administration, and States, shall develop and make available to
States model legislation providing for improving safety by addressing
sight obstructions, including vegetation growth, topographic features,
structures, and standing railroad equipment, at highway-rail grade
crossings that are equipped solely with passive warnings, as recommended
by the Inspector General of the Department of Transportation in Report
No. MH-2007-044.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 105 of this division, is amended by inserting after
the item relating to section 20158 the following new item:
``20159. Roadway user sight distance at highway-rail grade crossings.''.
SEC. 204. NATIONAL CROSSING INVENTORY.
(a) In General.--Subchapter II of chapter 201, as amended by section
203 of this division, is further amended by adding at the end the
following new section:
``Sec. 20160. National crossing inventory
``(a) Initial Reporting of Information About Previously Unreported
Crossings.--Not [NOTE: Deadlines. later than 1 year after the date of
enactment of the Rail Safety Improvement Act of 2008 or 6
[[Page 4870]]
122 STAT. 4870
months after a new crossing becomes operational, whichever occurs later,
each railroad carrier shall--
``(1) report to the Secretary of Transportation current
information, including information about warning devices and
signage, as specified by the Secretary, concerning each
previously unreported crossing through which it operates or with
respect to the trackage over which it operates; or
``(2) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through the
crossing.
``(b) [NOTE: Deadlines. Updating of Crossing Information.--
``(1) On a periodic basis beginning not later than 2 years
after the date of enactment of the Rail Safety Improvement Act
of 2008 and on or before September 30 of every year thereafter,
or as otherwise specified by the Secretary, each railroad
carrier shall--
``(A) report to the Secretary current information, including
information about warning devices and signage, as specified by
the Secretary, concerning each crossing through which it
operates or with respect to the trackage over which it operates;
or
``(B) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through the
crossing.
``(2) A railroad carrier that sells a crossing or any part of a
crossing on or after the date of enactment of the Rail Safety
Improvement Act of 2008 shall, not later than the date that is 18 months
after the date of enactment of that Act or 3 months after the sale,
whichever occurs later, or as otherwise specified by the Secretary,
report to the Secretary current information, as specified by the
Secretary, concerning the change in ownership of the crossing or part of
the crossing.
``(c) Rulemaking Authority.--The [NOTE: Regulations. Secretary
shall prescribe the regulations necessary to implement this section. The
Secretary may enforce each provision of the Department of
Transportation's statement of the national highway-rail crossing
inventory policy, procedures, and instruction for States and railroads
that is in effect on the date of enactment of the Rail Safety
Improvement Act of 2008, until such provision is superseded by a
regulation issued under this section.
``(d) Definitions.--In this section:
``(1) Crossing.--The term `crossing' means a location within
a State, other than a location where one or more railroad tracks
cross one or more railroad tracks either at grade or grade-
separated, where--
``(A) a public highway, road, or street, or a
private roadway, including associated sidewalks and
pathways, crosses one or more railroad tracks either at
grade or grade-separated; or
``(B) a pathway explicitly authorized by a public
authority or a railroad carrier that is dedicated for
the use of nonvehicular traffic, including pedestrians,
bicyclists, and others, that is not associated with a
public highway, road, or street, or a private roadway,
crosses one or more railroad tracks either at grade or
grade-separated.
[[Page 4871]]
122 STAT. 4871
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, or the Commonwealth of Puerto
Rico.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 203 of this division, is amended by inserting after
the item relating to section 20159 the following:
``20160. National crossing inventory.''.
(c) Reporting and Updating.--Section 130 of title 23, United States
Code, is amended by adding at the end the following:
``(l) National Crossing Inventory.--
``(1) Initial reporting of crossing information.--Not later
than 1 year after the date of enactment of the Rail Safety
Improvement Act of 2008 or within 6 months of a new crossing
becoming operational, whichever occurs later, each State shall
report to the Secretary of Transportation current information,
including information about warning devices and signage, as
specified by the Secretary, concerning each previously
unreported public crossing located within its borders.
``(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 2 years after the date
of enactment of the Rail Safety Improvement Act of 2008 and on
or before September 30 of every year thereafter, or as otherwise
specified by the Secretary, each State shall report to the
Secretary current information, including information about
warning devices and signage, as specified by the Secretary,
concerning each public crossing located within its borders.
``(3) Rulemaking authority.--
The [NOTE: Regulations. Secretary shall prescribe the
regulations necessary to implement this subsection. The
Secretary may enforce each provision of the Department of
Transportation's statement of the national highway-rail crossing
inventory policy, procedures, and instructions for States and
railroads that is in effect on the date of enactment of the Rail
Safety Improvement Act of 2008, until such provision is
superseded by a regulation issued under this subsection.
``(4) Definitions.--In this subsection--
``(A) `public crossing' means a location within a
State, other than a location where one or more railroad
tracks cross one or more railroad tracks either at grade
or grade-separated, where--
``(i) a public highway, road, or street,
including associated sidewalks and pathways,
crosses one or more railroad tracks either at
grade or grade-separated; or
``(ii) a publicly owned pathway explicitly
authorized by a public authority or a railroad
carrier and dedicated for the use of non-vehicular
traffic, including pedestrians, bicyclists, and
others, that is not associated with a public
highway, road, or street, or a private roadway,
crosses one or more railroad tracks either at
grade or grade-separated; and
``(B) `State' means a State of the United States,
the District of Columbia, or Puerto Rico.''.
(d) Civil Penalties.--
(1) Section 21301(a)(1) [NOTE: 49 USC 21301. is amended--
[[Page 4872]]
122 STAT. 4872
(A) by inserting ``with section 20160 or'' after
``comply'' in the first sentence; and
(B) by inserting ``section 20160 of this title or''
after ``violating'' in the second sentence.
(2) Section 21301(a)(2) [NOTE: 49 USC 21301. is amended
by inserting ``The Secretary shall impose a civil penalty for a
violation of section 20160 of this title.'' after the first
sentence.
SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS.
(a) In General.--Section 20152 is amended to read as follows:
``Sec. 20152. Notification of grade crossing problems
``(a) In General.--Not later than 18 months after the date of
enactment of the Rail Safety Improvement Act of 2008, the Secretary of
Transportation shall require each railroad carrier to--
``(1) establish and maintain a toll-free telephone service
for rights-of-way over which it dispatches trains, to directly
receive calls reporting--
``(A) malfunctions of signals, crossing gates, and
other devices to promote safety at the grade crossing of
railroad tracks on those rights-of-way and public or
private roads;
``(B) disabled vehicles blocking railroad tracks at
such grade crossings;
``(C) obstructions to the view of a pedestrian or a
vehicle operator for a reasonable distance in either
direction of a train's approach; or
``(D) other safety information involving such grade
crossings;
``(2) upon receiving a report pursuant to paragraph (1)(A)
or (B), immediately contact trains operating near the grade
crossing to warn them of the malfunction or disabled vehicle;
``(3) upon receiving a report pursuant to paragraph (1)(A)
or (B), and after contacting trains pursuant to paragraph (2),
contact, as necessary, appropriate public safety officials
having jurisdiction over the grade crossing to provide them with
the information necessary for them to direct traffic, assist in
the removal of the disabled vehicle, or carry out other
activities as appropriate;
``(4) upon receiving a report pursuant to paragraph (1)(C)
or (D), timely investigate the report, remove the obstruction if
possible, or correct the unsafe circumstance; and
``(5) ensure the placement at each grade crossing on rights-
of-way that it owns of appropriately located signs, on which
shall appear, at a minimum--
``(A) a toll-free telephone number to be used for
placing calls described in paragraph (1) to the railroad
carrier dispatching trains on that right-of-way;
``(B) an explanation of the purpose of that toll-
free telephone number; and
``(C) the grade crossing number assigned for that
crossing by the National Highway-Rail Crossing Inventory
established by the Department of Transportation.
``(b) Waiver.--The Secretary may waive the requirement that the
telephone service be toll-free for Class II and Class III rail carriers
if the Secretary determines that toll-free service would be cost
prohibitive or unnecessary.''.
[[Page 4873]]
122 STAT. 4873
(b) Conforming Amendment.--The chapter analysis for chapter 201 is
amended by striking the item relating to section 20152 and inserting the
following:
``20152. Notification of grade crossing problems.''.
SEC. 206. [NOTE: 49 USC 22501 note. OPERATION LIFESAVER.
(a) Grant.--The Federal Railroad Administration shall make a grant
or grants to Operation Lifesaver to carry out a public information and
education program to help prevent and reduce pedestrian, motor vehicle,
and other accidents, incidents, injuries, and fatalities, and to improve
awareness along railroad rights-of-way and at highway-rail grade
crossings. The program shall include, as appropriate, development,
placement, and dissemination of Public Service Announcements in
newspaper, radio, television, and other media. The program shall also
include, as appropriate, school presentations, brochures and materials,
support for public awareness campaigns, and related support for the
activities of Operation Lifesaver's member organizations. As part of an
educational program funded by grants awarded under this section,
Operation Lifesaver shall provide information to the public on how to
identify and report to the appropriate authorities unsafe or
malfunctioning highway-rail grade crossings.
(b) Pilot Program.--The Secretary may allow funds provided under
subsection (a) also to be used by Operation Lifesaver to implement a
pilot program, to be known as the Railroad Safety Public Awareness
Program, that addresses the need for targeted and sustained community
outreach on the subjects described in subsection (a). Such a pilot
program shall be established in 1 or more States identified under
section 202 of this division. In carrying out such a pilot program
Operation Lifesaver shall work with the State, community leaders, school
districts, and public and private partners to identify the communities
at greatest risk, to develop appropriate measures to reduce such risks,
and shall coordinate the pilot program with the State grade crossing
action plan.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Railroad Administration for carrying out
this section--
(1) $2,000,000 for each of fiscal years 2010 and 2011; and
(2) $1,500,000 for each of fiscal years 2012 and 2013.
SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING
SAFETY.
(a) In General.--Part B of subtitle V is amended by adding at the
end thereof the following:
``CHAPTER 225--FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING
SAFETY
``Sec.
``22501. Financial assistance to States for certain projects.
``22502. Distribution.
``22503. Standards for awarding grants.
``22504. Use of funds.
``22505. Authorization of appropriations.
``Sec. 22501. Financial assistance to States for certain projects
``The Secretary of Transportation shall make grants--
[[Page 4874]]
122 STAT. 4874
``(1) to a maximum of 3 States per year for development or
continuance of enhanced public education and awareness
activities, in combination with targeted law enforcement, to
significantly reduce violations of traffic laws at highway-rail
grade crossings and to help prevent and reduce injuries and
fatalities along railroad rights-of-way; and
``(2) to provide for priority highway-rail grade crossing
safety improvements, including the installation, repair, or
improvement of--
``(A) railroad crossing signals, gates, and related
technologies, including median barriers and four
quadrant gates;
``(B) highway traffic signalization, including
highway signals tied to railroad signal systems;
``(C) highway lighting and crossing approach
signage;
``(D) roadway improvements, including railroad
crossing panels and surfaces; and
``(E) related work to mitigate dangerous conditions.
``Sec. 22502. Distribution
``The Secretary shall provide the grants to the State agency or
agencies responsible for highway-rail grade crossing safety.
``Sec. 22503. Standards for awarding grants
``(a) Section 22501(1) Grants.--The Secretary shall provide grants
under section 22501(1) based upon the merits of the proposed program of
activities provided by the State and upon a determination of where the
grants will provide the greatest safety benefits. The Secretary may give
priority to States that have developed and implemented a State grade
crossing action plan, as described under section 202 of the Rail Safety
Improvement Act of 2008.
``(b) Section 22501(2) Grants.--The Secretary shall provide grants
to State and local governments under section 22501(2) to provide
priority grade crossing safety improvements on an expedited basis at a
location where there has been a highway-rail grade crossing collision
within the previous two years involving major loss of life or multiple
serious bodily injuries.
``Sec. 22504. Use of funds
``(a) In General.--Any State receiving a grant under section
22501(1) shall use the funds to develop, implement, and continue to
measure the effectiveness of a dedicated program of public education and
enforcement of highway-rail crossing safety laws and to prevent
casualties along railroad rights-of-way. The Secretary may not make a
grant under this chapter available to assist a State or political
subdivision thereof in establishing or continuing a quiet zone pursuant
to part 222 of title 49, Code of Federal Regulations.
``(b) Maximum Grant Amount Under Section 22501(2).--No grant awarded
under section 22501(2) may exceed $250,000.
``Sec. 22505. Authorization of appropriations
``There are authorized to be appropriated to the Secretary
$1,500,000 for each of fiscal years 2010 through 2013 to carry out the
provisions of section 22501(1) of this chapter. There are authorized to
be appropriated to the Secretary $1,500,000 for each of fiscal years
2010 through 2013 to carry out the provisions of
[[Page 4875]]
122 STAT. 4875
section 22501(2) of this chapter. Amounts appropriated pursuant to this
section shall remain available until expended.''.
(b) Conforming Amendment.--The subtitle analysis for subtitle V is
amended by inserting after the item relating to chapter 223 the
following:
``225. Federal grants to States for highway-rail grade crossing
safety..........................................................22501''.
SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE CROSSING
SAFETY.
(a) Trespasser Prevention and Highway-Rail Grade Crossing Warning
Sign Violations.--Section 20151 [NOTE: 49 USC 20151. is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 20151. Railroad trespassing, vandalism, and highway-rail
grade crossing warning sign violation
prevention strategy'';
(2) by striking subsection (a) and inserting the following:
``(a) Evaluation of Existing Laws.--In consultation with affected
parties, the Secretary of Transportation shall evaluate and review
current local, State, and Federal laws regarding trespassing on railroad
property, vandalism affecting railroad safety, and violations of
highway-rail grade crossing signs, signals, markings, or other warning
devices and develop model prevention strategies and enforcement laws to
be used for the consideration of State and local legislatures and
governmental entities. The [NOTE: Deadline. first such evaluation and
review shall be completed within 1 year after the date of enactment of
the Rail Safety Improvement Act of 2008. The Secretary shall revise the
model prevention strategies and enforcement codes periodically.'';
(3) by inserting ``for Trespassing and Vandalism
Prevention'' in the subsection heading of subsection (b) after
``Outreach Program'';
(4) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``Model
Legislation.--''; and
(C) by adding at the end the following new
paragraph:
``(2) Not [NOTE: Deadline. later than 18 months after the date of
enactment of the Rail Safety Improvement Act of 2008, the Secretary,
after consultation with State and local governments and railroad
carriers, shall develop and make available to State and local
governments model State legislation providing for civil or criminal
penalties, or both, for violations of highway-rail grade crossing signs,
signals, markings, or other warning devices.''; and
(5) by adding at the end the following new subsection:
``(d) Definition.--In this section, the term `violation of highway-
rail grade crossing signs, signals, markings, or other warning devices'
includes any action by a motorist, unless directed by an authorized
safety officer--
``(1) to drive around a grade crossing gate in a position
intended to block passage over railroad tracks;
``(2) to drive through a flashing grade crossing signal;
``(3) to drive through a grade crossing with passive warning
signs without ensuring that the grade crossing could be safely
crossed before any train arrived; and
[[Page 4876]]
122 STAT. 4876
``(4) in the vicinity of a grade crossing, who creates a
hazard of an accident involving injury or property damage at the
grade crossing.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 is
amended by striking the item relating to section 20151 and inserting the
following:
``20151. Railroad trespassing, vandalism, and highway-rail grade
crossing warning sign violation prevention strategy.''.
(c) Educational or Awareness Program Items for Distribution.--
Section 20134(a) is amended by adding at the end the following:
``The [NOTE: Guidelines. Secretary may purchase items of nominal
value and distribute them to the public without charge as part of an
educational or awareness program to accomplish the purposes of this
section and of any other sections of this title related to improving the
safety of highway-rail crossings and to preventing trespass on railroad
rights of way, and the Secretary shall prescribe guidelines for the
administration of this authority.''.
SEC. 209. [NOTE: 49 USC 20901 note. ACCIDENT AND INCIDENT
REPORTING.
The [NOTE: Audits. Federal Railroad Administration shall conduct
an audit of each Class I railroad at least once every 2 years and
conduct an audit of each non-Class I railroad at least once every 5
years to ensure that all grade crossing collisions and fatalities are
reported to any Federal national accident database.
SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE
SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS.
(a) Amendment.--Subchapter II of chapter 201, as amended by section
204 of this division, is further amended by adding at the end the
following:
``Sec. 20161. Fostering introduction of new technology to improve
safety at highway-rail grade crossings
``(a) Findings.--
``(1) Collisions between highway users and trains at
highway-rail grade crossings continue to cause an unacceptable
loss of life, serious personal injury, and property damage.
``(2) While elimination of at-grade crossings through
consolidation of crossings and grade separations offers the
greatest long-term promise for optimizing the safety and
efficiency of the two modes of transportation, over 140,000
public grade crossings remain on the general rail system--
approximately one for each route mile on the general rail
system.
``(3) Conventional highway traffic control devices such as
flashing lights and gates are often effective in warning
motorists of a train's approach to an equipped crossing.
``(4) Since enactment of the Highway Safety Act of 1973,
over $4,200,000,000 of Federal funding has been invested in
safety improvements at highway-rail grade crossings, yet a
majority of public highway-rail grade crossings are not yet
equipped with active warning systems.
``(5) The emergence of new technologies presents
opportunities for more effective and affordable warnings and
safer passage of highway users and trains at remaining highway-
rail grade crossings.
[[Page 4877]]
122 STAT. 4877
``(6) Implementation of new crossing safety technology will
require extensive cooperation between highway authorities and
railroad carriers.
``(7) Federal Railroad Administration regulations
establishing performance standards for processor-based signal
and train control systems provide a suitable framework for
qualification of new or novel technology at highway-rail grade
crossings, and the Federal Highway Administration's Manual on
Uniform Traffic Control Devices provides an appropriate means of
determining highway user interface with such new technology.
``(b) Policy.--It is the policy of the United States to encourage
the development of new technology that can prevent loss of life and
injuries at highway-rail grade crossings. The Secretary of
Transportation is designated to carry out this policy in consultation
with States and necessary public and private entities.
``(c) Submission of New Technology Proposals.--Railroad carriers and
railroad suppliers may submit for review and approval to the Secretary
such new technology designed to improve safety at highway-rail grade
crossings. The Secretary shall approve by order the new technology
designed to improve safety at highway-rail grade crossings in accordance
with Federal Railroad Administration standards for the development and
use of processor-based signal and train control systems and shall
consider the effects on safety of highway-user interface with the new
technology.
``(d) Effect of Secretarial Approval.--If the Secretary approves by
order new technology to provide warning to highway users at a highway-
rail grade crossing and such technology is installed at a highway-rail
grade crossing in accordance with the conditions of the approval, this
determination preempts any State statute or regulation concerning the
adequacy of the technology in providing warning at the crossing.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 204 of this division, is further amended by inserting
after the item relating to section 20160, the following:
``20161. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.''.
TITLE III--FEDERAL RAILROAD ADMINISTRATION
SEC. 301. HUMAN CAPITAL INCREASES.
(a) In General.--The Secretary shall increase the number of Federal
Railroad Administration employees by--
(1) 50 employees in fiscal year 2009;
(2) 50 employees in fiscal year 2010;
(3) 50 employees in fiscal year 2011;
(4) 25 employees in fiscal year 2012; and
(5) 25 employees in fiscal year 2013.
(b) Functions.--In increasing the number of employees pursuant to
subsection (a), the Secretary shall focus on hiring employees--
(1) specifically trained to conduct on-site railroad and
highway-rail grade crossing accident investigations;
(2) to implement the Railroad Safety Strategy;
[[Page 4878]]
122 STAT. 4878
(3) to administer and implement section 20156 of title 49,
United States Code, relating to the Railroad Safety Risk
Reduction Program;
(4) to conduct routine inspections and audits of railroad
and hazardous materials facilities and records for compliance
with railroad safety laws and regulations;
(5) to inspect railroad bridges, tunnels, and related
infrastructure, and to review or analyze railroad bridge,
tunnel, and related infrastructure inspection reports;
(6) to prevent or respond to natural or manmade emergency
situations or events involving rail infrastructure or employees;
(7) to implement section 20157 of title 49, United States
Code, relating to positive train control systems;
(8) to implement section 20164 of title 49, United States
Code, relating to the development and use of rail safety
technology; and
(9) to support the Federal Railroad Administration's safety
mission.
SEC. 302. CIVIL PENALTY INCREASES.
(a) General Violations of Chapter [NOTE: 49 USC 21301. 201.--
Section 21301(a)(2) is amended--
(1) by striking ``$10,000.'' and inserting ``$25,000.''; and
(2) by striking ``$20,000.'' and inserting ``$100,000.''.
(b) Accident and Incident Violations of Chapter 201; Violations of
Chapters 203 Through 209.--Section 21302(a)(2) is amended--
(1) by striking ``$10,000.'' and inserting ``$25,000.''; and
(2) by striking ``$20,000.'' and inserting ``$100,000.''.
(c) Violations of Chapter 211.--Section 21303(a)(2) is amended--
(1) by striking ``$10,000.'' and inserting ``$25,000.''; and
(2) by striking ``$20,000.'' and inserting ``$100,000.''.
SEC. 303. ENFORCEMENT REPORT.
(a) In General.--Subchapter I of chapter 201, as amended by section
109 of this division, is amended by adding at the end the following:
``Sec. 20120. Enforcement report
``(a) In General.--Beginning [NOTE: Effective date. Public
information. Web site. not later than December 31, 2009, the Secretary
of Transportation shall make available to the public and publish on its
public website an annual report that--
``(1) provides a summary of railroad safety and hazardous
materials compliance inspections and audits that Federal or
State inspectors conducted in the prior fiscal year organized by
type of alleged violation, including track, motive power and
equipment, signal, grade crossing, operating practices, accident
and incidence reporting, and hazardous materials;
``(2) provides a summary of all enforcement actions taken by
the Secretary or the Federal Railroad Administration during the
prior fiscal year, including--
``(A) the number of civil penalties assessed;
``(B) the initial amount of civil penalties
assessed;
``(C) the number of civil penalty cases settled;
``(D) the final amount of civil penalties assessed;
``(E) the difference between the initial and final
amounts of civil penalties assessed;
[[Page 4879]]
122 STAT. 4879
``(F) the number of administrative hearings
requested and completed related to hazardous materials
transportation law violations or enforcement actions
against individuals;
``(G) the number of cases referred to the Attorney
General for civil or criminal prosecution;
``(H) the number and subject matter of all
compliance orders, emergency orders, or precursor
agreements;
``(3) analyzes the effect of the number of inspections
conducted and enforcement actions taken on the number and rate
of reported accidents and incidents and railroad safety;
``(4) provide the information required by paragraphs (2) and
(3)--
``(A) for each Class I railroad individually; and
``(B) in the aggregate for--
``(i) Class II railroads;
``(ii) Class III railroads;
``(iii) hazardous materials shippers; and
``(iv) individuals;
``(5) identifies the number of locomotive engineer
certification denial or revocation cases appealed to and the
average length of time it took to be decided by--
``(A) the Locomotive Engineer Review Board;
``(B) an Administrative Hearing Officer or
Administrative Law Judge; or
``(C) the Administrator of the Federal Railroad
Administration;
``(6) provides an explanation regarding any changes in the
Secretary's or the Federal Railroad Administration's enforcement
programs or policies that may substantially affect the
information reported; and
``(7) includes any additional information that the Secretary
determines is useful to improve the transparency of its
enforcement program.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 109 of this division, is amended by inserting after
the item relating to section 20119 the following:
``20120. Enforcement report.''.
SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY.
Section 20104(a)(1) is [NOTE: 49 USC 20104. amended by striking
``death or personal injury'' and inserting ``death, personal injury, or
significant harm to the environment''.
SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETY-
SENSITIVE FUNCTIONS FOR A VIOLATION OF
HAZARDOUS MATERIALS TRANSPORTATION LAW.
Section 20111(c) is amended to read as follows:
``(c) Orders Prohibiting Individuals From Performing Safety-
Sensitive Functions.--
``(1) [NOTE: Notice. If an individual's violation of this
part, chapter 51 of this title, or a regulation prescribed, or
an order issued, by the Secretary under this part or chapter 51
of this title is shown to make that individual unfit for the
performance of safety-sensitive functions, the Secretary, after
providing notice and an opportunity for a hearing, may issue an
order prohibiting the individual from performing safety-
sensitive
[[Page 4880]]
122 STAT. 4880
functions in the railroad industry for a specified period of
time or until specified conditions are met.
``(2) This subsection does not affect the Secretary's
authority under section 20104 of this title to act on an
emergency basis.''.
SEC. 306. RAILROAD RADIO MONITORING AUTHORITY.
Section 20107 [NOTE: 49 USC 20107. is amended by inserting at the
end the following:
``(c) Railroad Radio Communications.--
``(1) In general.--To carry out the Secretary's
responsibilities under this part and under chapter 51, the
Secretary may authorize officers, employees, or agents of the
Secretary to conduct, with or without making their presence
known, the following activities in circumstances the Secretary
finds to be reasonable:
``(A) Intercepting a radio communication, with or
without the consent of the sender or other receivers of
the communication, but only where such communication is
broadcast or transmitted over a radio frequency which
is--
``(i) authorized for use by one or more
railroad carriers by the Federal Communications
Commission; and
``(ii) primarily used by such railroad
carriers for communications in connection with
railroad operations.
``(B) Communicating the existence, contents,
substance, purport, effect, or meaning of the
communication, subject to the restrictions in paragraph
(3).
``(C) Receiving or assisting in receiving the
communication (or any information therein contained).
``(D) Disclosing the contents, substance, purport,
effect, or meaning of the communication (or any part
thereof of such communication) or using the
communication (or any information contained therein),
subject to the restrictions in paragraph (3), after
having received the communication or acquired knowledge
of the contents, substance, purport, effect, or meaning
of the communication (or any part thereof).
``(E) Recording the communication by any means,
including writing and tape recording.
``(2) Accident and incident prevention and investigation.--
The Secretary, and officers, employees, and agents of the
Department of Transportation authorized by the Secretary, may
engage in the activities authorized by paragraph (1) for the
purpose of accident and incident prevention and investigation.
``(3) Use of information.--(A) Information obtained through
activities authorized by paragraphs (1) and (2) shall not be
admitted into evidence in any administrative or judicial
proceeding except--
``(i) in a prosecution of a felony under Federal or
State criminal law; or
``(ii) to impeach evidence offered by a party other
than the Federal Government regarding the existence,
electronic characteristics, content, substance, purport,
effect, meaning, or timing of, or identity of parties
to, a communication intercepted pursuant to paragraphs
(1) and (2) in proceedings pursuant to section 5122,
5123, 20702(b), 20111, 20112, 20113, or 20114 of this
title.
[[Page 4881]]
122 STAT. 4881
``(B) If information obtained through activities set forth
in paragraphs (1) and (2) is admitted into evidence for
impeachment purposes in accordance with subparagraph (A), the
court, administrative law judge, or other officer before whom
the proceeding is conducted may make such protective orders
regarding the confidentiality or use of the information as may
be appropriate in the circumstances to protect privacy and
administer justice.
``(C) No evidence shall be excluded in an administrative or
judicial proceeding solely because the government would not have
learned of the existence of or obtained such evidence but for
the interception of information that is not admissible in such
proceeding under subparagraph (A).
``(D) Information obtained through activities set forth in
paragraphs (1) and (2) shall not be subject to publication or
disclosure, or search or review in connection therewith, under
section 552 of title 5.
``(E) Nothing in this subsection shall be construed to
impair or otherwise affect the authority of the United States to
intercept a communication, and collect, retain, analyze, use,
and disseminate the information obtained thereby, under a
provision of law other than this subsection.
``(4) Application with other law.--Section 705 of the
Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of
title 18 shall not apply to conduct authorized by and pursuant
to this subsection.''.
SEC. 307. [NOTE: 49 USC 103 note. UPDATE OF FEDERAL RAILROAD
ADMINISTRATION'S WEBSITE.
(a) In General.--The Secretary shall update the Federal Railroad
Administration's public website to better facilitate the ability of the
public, including those individuals who are not regular users of the
public website, to find current information regarding the Federal
Railroad Administration's activities.
(b) Public Reporting of Violations.--On the Federal Railroad
Administration's public website's home page, the Secretary shall provide
a mechanism for the public to submit written reports of potential
violations of Federal railroad safety and hazardous materials
transportation laws, regulations, and orders to the Federal Railroad
Administration.
SEC. 308. EMERGENCY WAIVERS.
Section 20103 [NOTE: 49 USC 20103. is amended--
(1) by striking ``Waivers.--'' in subsection (d) and
inserting ``Nonemergency Waivers.--'';
(2) by striking subsection (e) and inserting the following:
``(e) Hearings.--The Secretary shall conduct a hearing as provided
by section 553 of title 5 when prescribing a regulation or issuing an
order under this part, including a regulation or order establishing,
amending, or providing a waiver, described in subsection (d), of
compliance with a railroad safety regulation prescribed or order issued
under this part. An opportunity for an oral presentation shall be
provided.''; and
(3) by adding at the end thereof the following:
``(g) Emergency Waivers.--
``(1) In general.--The Secretary may waive compliance with
any part of a regulation prescribed or order issued under
[[Page 4882]]
122 STAT. 4882
this part without prior notice and comment if the Secretary
determines that--
``(A) it is in the public interest to grant the
waiver;
``(B) the waiver is not inconsistent with railroad
safety; and
``(C) the waiver is necessary to address an actual
or impending emergency situation or emergency event.
``(2) Period of waiver.--A [NOTE: Notice. waiver under
this subsection may be issued for a period of not more than 60
days and may be renewed upon application to the Secretary only
after notice and an opportunity for a hearing on the waiver. The
Secretary shall immediately revoke the waiver if continuation of
the waiver would not be consistent with the goals and objectives
of this part.
``(3) Statement of reasons.--The Secretary shall state in
the decision issued under this subsection the reasons for
granting the waiver.
``(4) Consultation.--In granting a waiver under this
subsection, the Secretary shall consult and coordinate with
other Federal agencies, as appropriate, for matters that may
impact such agencies.
``(5) Emergency situation; emergency event.--In this
subsection, the terms `emergency situation' and `emergency
event' mean a natural or manmade disaster, such as a hurricane,
flood, earthquake, mudslide, forest fire, snowstorm, terrorist
act, biological outbreak, release of a dangerous radiological,
chemical, explosive, or biological material, or a war-related
activity, that poses a risk of death, serious illness, severe
injury, or substantial property damage. The disaster may be
local, regional, or national in scope.''.
SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL.
Section 20112(a) [NOTE: 49 USC 20112. is amended--
(1) by inserting ``this part, except for section 20109 of
this title, or'' in paragraph (1) after ``enforce,'';
(2) by striking ``21301'' in paragraph (2) and inserting
``21301, 21302, or 21303'';
(3) by striking ``subpena'' in paragraph (3) and inserting
``subpoena, request for admissions, request for production of
documents or other tangible things, or request for testimony by
deposition''; and
(4) by striking ``chapter.'' in paragraph (3) and inserting
``part.''.
SEC. 310. CRIMINAL PENALTIES.
Section 21311(b) is amended to read as follows:
``(b) Accident and Incident Reports.--A railroad carrier not filing
a report in violation of section 20901 of this title shall be fined not
more than $2,500. A separate violation occurs for each day the violation
continues.''.
[[Page 4883]]
122 STAT. 4883
TITLE IV--RAILROAD SAFETY ENHANCEMENTS
SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS.
(a) Amendment.--Subchapter II of chapter 201, as amended by section
210 of this division, is further amended by adding at the end the
following new section:
``Sec. 20162. Minimum training standards and plans
``(a) In General.--The [NOTE: Deadline. Secretary of
Transportation shall, not later than 1 year after the date of enactment
of the Rail Safety Improvement Act of 2008, establish--
``(1) minimum training standards for each class and craft of
safety-related railroad employee (as defined in section 20102)
and equivalent railroad carrier contractor and subcontractor
employees, which shall require railroad carriers, contractors,
and subcontractors to qualify or otherwise document the
proficiency of such employees in each such class and craft
regarding their knowledge of, and ability to comply with,
Federal railroad safety laws and regulations and railroad
carrier rules and procedures promulgated to implement those
Federal railroad safety laws and regulations;
``(2) [NOTE: Requirements. a requirement that railroad
carriers, contractors, and subcontractors develop and submit
training and qualification plans to the Secretary for approval,
including training programs and information deemed necessary by
the Secretary to ensure that all safety-related railroad
employees receive appropriate training in a timely manner; and
``(3) a minimum training curriculum, and ongoing training
criteria, testing, and skills evaluation measures to ensure that
safety-related railroad employees, and contractor and
subcontractor employees, charged with the inspection of track or
railroad equipment are qualified to assess railroad compliance
with Federal standards to identify defective conditions and
initiate immediate remedial action to correct critical safety
defects that are known to contribute to derailments, accidents,
incidents, or injuries, and, in implementing the requirements of
this paragraph, take into consideration existing training
programs of railroad carriers.
``(b) Approval.--The Secretary shall review and approve the plans
required under subsection (a)(2) utilizing an approval process required
for programs to certify the qualification of locomotive engineers
pursuant to part 240 of title 49, Code of Federal Regulations.
``(c) Exemption.--The Secretary may exempt railroad carriers and
railroad carrier contractors and subcontractors from submitting training
plans for which the Secretary has issued training regulations before the
date of enactment of the Rail Safety Improvement Act of 2008.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 210 of this division, is amended by inserting after
the item relating to section 20161 the following:
``20162. Minimum training standards and plans.''.
[[Page 4884]]
122 STAT. 4884
SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF EMPLOYEES.
(a) Amendment.--Subchapter II of chapter 201, as amended by section
401 of this division, is further amended by adding at the end the
following new section:
``Sec. 20163. Certification of train conductors
``(a) Regulations.--Not [NOTE: Deadline. later than 18 months
after the date of enactment of the Rail Safety Improvement Act of 2008,
the Secretary of Transportation shall prescribe regulations to establish
a program requiring the certification of train conductors. In
prescribing such regulations, the Secretary shall require that train
conductors be trained, in accordance with the training standards
developed pursuant to section 20162.
``(b) Program Requirements.--In developing the regulations required
by subsection (a), the Secretary may consider the requirements of
section 20135(b) through (e).''.
(b) Report.--Not [NOTE: 49 USC 20162 note. later than 6 months
after promulgating regulations under section 20162 of title 49, United
States Code, the Secretary shall issue a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure about
whether the certification of certain crafts or classes of railroad
carrier or railroad carrier contractor or subcontractor employees is
necessary to reduce the number and rate of accidents and incidents or to
improve railroad safety.
(c) Crafts and Classes to Be Considered.--As part of the report, the
Secretary shall consider--
(1) car repair and maintenance employees;
(2) onboard service workers;
(3) rail welders;
(4) dispatchers;
(5) signal repair and maintenance employees; and
(6) any other craft or class of employees that the Secretary
determines appropriate.
(d) Regulations.--The Secretary may prescribe regulations requiring
the certification of certain crafts or classes of employees that the
Secretary determines pursuant to the report required by paragraph (1)
are necessary to reduce the number and rate of accidents and incidents
or to improve railroad safety.
(e) Conforming [NOTE: 49 USC 20162 note. Amendment.--The chapter
analysis for chapter 201, as amended by section 401 of this division, is
amended by inserting after the item relating to section 20162 the
following:
``20163. Certification of train conductors.''.
SEC. 403. [NOTE: 49 USC 20142 note. TRACK INSPECTION TIME
STUDY.
(a) Study.--Not [NOTE: Deadlines. Reports. later that 2 years
after the date of enactment of this Act, the Secretary shall transmit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results of a study
to determine whether--
(1) the required intervals of track inspections for each
class of track should be amended;
(2) track remedial action requirements should be amended;
(3) different track inspection and repair priorities or
methods should be required; and
[[Page 4885]]
122 STAT. 4885
(4) the speed at which railroad track inspection vehicles
operate and the scope of the territory they generally cover
allow for proper inspection of the track and whether such speed
and appropriate scope should be regulated by the Secretary.
(b) Considerations.--In conducting the study the Secretary shall
consider--
(1) the most current rail flaw, rail defect growth, rail
fatigue, and other relevant track- or rail-related research and
studies;
(2) the availability and feasibility of developing and
implementing new or novel rail inspection technology for routine
track inspections;
(3) information from National Transportation Safety Board or
Federal Railroad Administration accident investigations where
track defects were the cause or a contributing cause; and
(4) other relevant information, as determined by the
Secretary.
(c) Update of Regulations.--Not later than 2 years after the
completion of the study required by subsection (a), the Secretary shall
prescribe regulations based on the results of the study conducted under
subsection (a).
(d) Concrete Cross Ties.--Not [NOTE: Regulations. later than 18
months after the date of enactment of this Act, the Secretary shall
promulgate regulations for concrete cross ties. In developing the
regulations for class 1 through 5 track, the Secretary may address, as
appropriate--
(1) limits for rail seat abrasion;
(2) concrete cross tie pad wear limits;
(3) missing or broken rail fasteners;
(4) loss of appropriate toeload pressure;
(5) improper fastener configurations; and
(6) excessive lateral rail movement.
SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION PLATFORM
GAPS.
Not [NOTE: Deadline. later than 2 years after the enactment of
this Act, the Secretary shall complete a study to determine the most
safe, efficient, and cost-effective way to improve the safety of rail
passenger station platforms gaps in order to increase compliance with
the requirements under the Americans with Disabilities Act (42 U.S.C.
12101 et seq.), including regulations issued pursuant to section 504 of
such Act (42 U.S.C. 12204) and to minimize the safety risks associated
with such gaps for railroad passengers and employees.
SEC. 405. [NOTE: 49 USC 20103 note. LOCOMOTIVE CAB STUDIES.
(a) In General.--Not [NOTE: Deadline. later than 1 year after the
date of enactment of this Act, the Secretary, through the Railroad
Safety Advisory Committee if the Secretary makes such a request, shall
complete a study on the safety impact of the use of personal electronic
devices, including cell phones, video games, and other distracting
devices, by safety-related railroad employees (as defined in section
20102(4) of title 49, United States Code), during the performance of
such employees' duties. The study shall consider the prevalence of the
use of such devices.
[[Page 4886]]
122 STAT. 4886
(b) Locomotive Cab Environment.--The Secretary may also study other
elements of the locomotive cab environment and their effect on an
employee's health and safety.
(c) Report.--Not later than 6 months after the completion of any
study under this section, the Secretary shall issue a report on the
study to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and
Infrastructure.
(d) Authority.--Based on the conclusions of the study required under
(a), the Secretary of Transportation may prohibit the use of personal
electronic devices, such as cell phones, video games, or other
electronic devices that may distract employees from safely performing
their duties, unless those devices are being used according to railroad
operating rules or for other work purposes. Based on the conclusions of
other studies conducted under subsection (b), the Secretary may
prescribe regulations to improve elements of the cab environment to
protect an employee's health and safety.
SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.
(a) In General.--Subchapter II of chapter 201, as amended by section
402 of this division, is further amended by adding at the end the
following new section:
``Sec. 20164. Development and use of rail safety technology
``(a) In General.--
Not [NOTE: Deadline. Standards. Guidance. Regulations. Orders. later
than 1 year after enactment of the Railroad Safety Enhancement Act of
2008, the Secretary of Transportation shall prescribe standards,
guidance, regulations, or orders governing the development, use, and
implementation of rail safety technology in dark territory, in
arrangements not defined in section 20501 or otherwise not covered by
Federal standards, guidance, regulations, or orders that ensure the safe
operation of such technology, such as--
``(1) switch position monitoring devices or indicators;
``(2) radio, remote control, or other power-assisted
switches;
``(3) hot box, high water, or earthquake detectors;
``(4) remote control locomotive zone limiting devices;
``(5) slide fences;
``(6) grade crossing video monitors;
``(7) track integrity warning systems; or
``(8) other similar rail safety technologies, as determined
by the Secretary.
``(b) Dark Territory Defined.--In this section, the term `dark
territory' means any territory in a railroad system that does not have a
signal or train control system installed or operational.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 402 of this division, is amended by inserting after
the item relating to section 20163 the following:
``20164. Development and use of rail safety technology.''.
SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS.
Section 20102(3), as [NOTE: 49 USC 20102. redesignated by section
2(b) of this division, is amended to read as follows:
``(3) `railroad carrier' means a person providing railroad
transportation, except that, upon petition by a group of
commonly controlled railroad carriers that the Secretary
determines is operating within the United States as a single,
integrated
[[Page 4887]]
122 STAT. 4887
rail system, the Secretary may by order treat the group of
railroad carriers as a single railroad carrier for purposes of
one or more provisions of part A, subtitle V of this title and
implementing regulations and order, subject to any appropriate
conditions that the Secretary may impose.''.
SEC. 408. [NOTE: Deadlines. STUDY OF REPEAL OF CONRAIL
PROVISION.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall complete a study of the impacts of repealing section 711
of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797j).
Not [NOTE: Reports. later than 6 months after completing the study,
the Secretary shall transmit a report with the Secretary's findings,
conclusions, and recommendations to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure.
SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG TESTING BY
RAILROAD CARRIERS.
(a) In General.--Chapter 201, as amended by section 406 of this
division, is further amended by adding at the end the following:
``Sec. 20165. Limitations on non-Federal alcohol and drug testing
``(a) Testing Requirements.--Any non-Federal alcohol and drug
testing program of a railroad carrier must provide that all post-
employment tests of the specimens of employees who are subject to both
the program and chapter 211 of this title be conducted using a
scientifically recognized method of testing capable of determining the
presence of the specific analyte at a level above the cut-off level
established by the carrier.
``(b) Redress Process.--Each railroad carrier that has a non-Federal
alcohol and drug testing program must provide a redress process to its
employees who are subject to both the alcohol and drug testing program
and chapter 211 of this title for such an employee to petition for and
receive a carrier hearing to review his or her specimen test results
that were determined to be in violation of the program. A dispute or
grievance raised by a railroad carrier or its employee, except a
probationary employee, in connection with the carrier's alcohol and drug
testing program and the application of this section is subject to
resolution under section 3 of the Railway Labor Act (45 U.S.C. 153).''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 406 of this division, is further amended by inserting
after the item relating to section 20164 the following:
``20165. Limitations on non-Federal alcohol and drug testing by railroad
carriers.''.
SEC. 410. [NOTE: 49 USC 20109 note. CRITICAL INCIDENT STRESS
PLAN.
(a) In General.--The Secretary of Transportation, in consultation
with the Secretary of Labor and the Secretary of Health and Human
Services, as appropriate, shall require each Class I railroad carrier,
each intercity passenger railroad carrier, and each commuter railroad
carrier to develop and submit for approval to the Secretary a critical
incident stress plan that provides for debriefing, counseling, guidance,
and other appropriate support services to be offered to an employee
affected by a critical incident.
[[Page 4888]]
122 STAT. 4888
(b) Plan Requirements.--Each such plan shall include provisions
for--
(1) relieving an employee who was involved in a critical
incident of his or her duties for the balance of the duty tour,
following any actions necessary for the safety of persons and
contemporaneous documentation of the incident;
(2) upon the employee's request, relieving an employee who
witnessed a critical incident of his or her duties following any
actions necessary for the safety of persons and contemporaneous
documentation of the incident; and
(3) providing such leave from normal duties as may be
necessary and reasonable to receive preventive services,
treatment, or both, related to the incident.
(c) Secretary To Define What Constitutes A Critical Incident.--
Within [NOTE: Deadline. Regulations. 30 days after the date of
enactment of this Act, the Secretary shall initiate a rulemaking
proceeding to define the term ``critical incident'' for the purposes of
this section.
SEC. 411. [NOTE: 49 USC 5103 note. RAILROAD CARRIER EMPLOYEE
EXPOSURE TO RADIATION STUDY.
(a) Study.--The Secretary of Transportation shall, in consultation
with the Secretary of Energy, the Secretary of Labor, the Administrator
of the Environmental Protection Agency, and the Chairman of the Nuclear
Regulatory Commission, as appropriate, conduct a study of the potential
hazards to which employees of railroad carriers and railroad contractors
or subcontractors are exposed during the transportation of high-level
radioactive waste and spent nuclear fuel (as defined in section 5101(a)
of title 49, United States Code), supplementing the report submitted
under section 5101(b) of that title, which may include--
(1) an analysis of the potential application of ``as low as
reasonably achievable'' principles for exposure to radiation to
such employees with an emphasis on the need for special
protection from radiation exposure for such employees during the
first trimester of pregnancy or who are undergoing or have
recently undergone radiation therapy;
(2) the feasibility of requiring real-time dosimetry
monitoring for such employees;
(3) the feasibility of requiring routine radiation exposure
monitoring in fixed railroad locations, such as yards and repair
facilities; and
(4) a review of the effectiveness of the Department's
packaging requirements for radioactive materials.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary of Transportation shall transmit a report on the
results of the study required by subsection (a) and any recommendations
to further protect employees of a railroad carrier or of a contractor or
subcontractor to a railroad carrier from unsafe exposure to radiation
during the transportation of high-level radioactive waste and spent
nuclear fuel to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(c) Regulatory Authority.--The Secretary of Transportation may issue
regulations that the Secretary determines appropriate, pursuant to the
report required by subsection (b), to protect railroad
[[Page 4889]]
122 STAT. 4889
employees from unsafe exposure to radiation during the transportation of
radioactive materials.
SEC. 412. [NOTE: 49 USC 20140 note. ALCOHOL AND CONTROLLED
SUBSTANCE TESTING FOR MAINTENANCE-OF-WAY
EMPLOYEES.
Not [NOTE: Deadline. later than 2 years following the date of
enactment of this Act, the Secretary of Transportation shall complete a
rulemaking proceeding to revise the regulations prescribed under section
20140 of title 49, United States Code, to cover all employees of
railroad carriers and contractors or subcontractors to railroad carriers
who perform maintenance-of-way activities.
SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS.
(a) Amendment.--Subchapter II of chapter 201, as amended by section
409 of this division, is further amended by adding at the end the
following new section:
``Sec. 20166. Emergency escape breathing apparatus
``Not [NOTE: Deadline. Regulations. later than 18 months after
the date of enactment of the Rail Safety Improvement Act of 2008, the
Secretary of Transportation shall prescribe regulations that require
railroad carriers--
``(1) to provide emergency escape breathing apparatus
suitable to provide head and neck coverage with respiratory
protection for all crewmembers in locomotive cabs on freight
trains carrying hazardous materials that would pose an
inhalation hazard in the event of release;
``(2) to provide convenient storage in each freight train
locomotive to enable crewmembers to access such apparatus
quickly;
``(3) to maintain such equipment in proper working
condition; and
``(4) to provide their crewmembers with appropriate training
for using the breathing apparatus.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 409 of this division, is amended by inserting after
the item relating to section 20165 the following:
``20166. Emergency escape breathing apparatus.''.
SEC. 414. [NOTE: 49 USC 20103 note. TUNNEL INFORMATION.
Not [NOTE: Deadline. Time period. Records. later than 120 days
after the date of enactment of this Act, each railroad carrier shall,
with respect to each of its tunnels which--
(1) are longer than 1000 feet and located under a city with
a population of 400,000 or greater; or
(2) carry 5 or more scheduled passenger trains per day, or
500 or more carloads of poison- or toxic-by-inhalation hazardous
materials (as defined in parts 171.8, 173.115, and 173.132 of
title 49, Code of Federal Regulations) per year,
maintain, for at least two years, historical documentation of structural
inspection and maintenance activities for such tunnels, including
information on the methods of ingress and egress into and out of the
tunnel, the types of cargos typically transported through the tunnel,
and schematics or blueprints for the tunnel, when available.
Upon [NOTE: Briefings. request, a railroad carrier shall provide
periodic briefings on such information to the governments of the local
jurisdiction in which the tunnel is located, including updates whenever
a repair or rehabilitation project substantially alters the
[[Page 4890]]
122 STAT. 4890
methods of ingress and egress. Such governments shall use appropriate
means to protect and restrict the distribution of any security sensitive
information (as defined in part 1520.5 of title 49, Code of Federal
Regulations) provided by the railroad carrier under this section,
consistent with national security interests.
SEC. 415. MUSEUM LOCOMOTIVE STUDY.
(a) Study.--The Secretary shall conduct a study of the requirements
relating to safety inspections of diesel-electric locomotives and
equipment that are operated in limited service by railroad-related
museums, historical societies, and tourist or scenic railroads. The
study shall include an analysis of the safety consequences of requiring
less frequent inspections of such locomotives and equipment, including
periodic inspections or inspections based on service days and air brake
inspections.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall transmit a report on the results of the
study conducted under subsection (a) to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 416. [NOTE: 49 USC 20107 note. SAFETY INSPECTIONS IN
MEXICO.
Mechanical [NOTE: Certification. and brake inspections of rail
cars performed in Mexico shall not be treated as satisfying United
States rail safety laws or regulations unless the Secretary of
Transportation certifies that--
(1) such inspections are being performed under regulations
and standards equivalent to those applicable in the United
States;
(2) the inspections are being performed by employees that
have received training similar to the training received by
similar railroad employees in the United States;
(3) inspection records that are required to be available to
the crewmembers on board the train, including air slips and blue
cards, are maintained in both English and Spanish, and such
records are available to the Federal Railroad Administration for
review; and
(4) the Federal Railroad Administration is permitted to
perform onsite inspections for the purpose of ensuring
compliance with the requirements of this subsection.
SEC. 417. [NOTE: 49 USC 20103 note. RAILROAD BRIDGE SAFETY
ASSURANCE.
(a) In General.--Not [NOTE: Deadline. Regulations. later than 12
months after the date of enactment of this Act, the Secretary shall
promulgate a regulation requiring owners of track carried on one or more
railroad bridges to adopt a bridge safety management program to prevent
the deterioration of railroad bridges and reduce the risk of human
casualties, environmental damage, and disruption to the Nation's
railroad transportation system that would result from a catastrophic
bridge failure.
(b) Requirements.--The regulations shall, at a minimum, require each
track owner to--
(1) to develop and maintain an accurate inventory of its
railroad bridges, which shall identify the location of each
bridge, its configuration, type of construction, number of
spans, span lengths, and all other information necessary to
provide for the safe management of the bridges;
[[Page 4891]]
122 STAT. 4891
(2) to ensure that a professional engineer competent in the
field of railroad bridge engineering, or a qualified person
under the supervision of the track owner, determines bridge
capacity;
(3) to maintain, and update as appropriate, a record of the
safe capacity of each bridge which carries its track and, if
available, maintain the original design documents of each bridge
and a documentation of all repairs, modifications, and
inspections of the bridge;
(4) to develop, maintain, and enforce a written procedure
that will ensure that its bridges are not loaded beyond their
capacities;
(5) to conduct regular comprehensive inspections of each
bridge, at least once every year, and maintain records of those
inspections that include the date on which the inspection was
performed, the precise identification of the bridge inspected,
the items inspected, an accurate description of the condition of
those items, and a narrative of any inspection item that is
found by the inspector to be a potential problem;
(6) to ensure that the level of detail and the inspection
procedures are appropriate to the configuration of the bridge,
conditions found during previous inspections, and the nature of
the railroad traffic moved over the bridge, including car
weights, train frequency and length, levels of passenger and
hazardous materials traffic, and vulnerability of the bridge to
damage;
(7) to ensure that an engineer who is competent in the field
of railroad bridge engineering--
(A) is responsible for the development of all
inspection procedures;
(B) reviews all inspection reports; and
(C) determines whether bridges are being inspected
according to the applicable procedures and frequency,
and reviews any items noted by an inspector as
exceptions; and
(8) to designate qualified bridge inspectors or maintenance
personnel to authorize the operation of trains on bridges
following repairs, damage, or indications of potential
structural problems.
(c) Use of Bridge Management Programs Required.--The Secretary shall
instruct bridge experts to obtain copies of the most recent bridge
management programs of each railroad within the expert's areas of
responsibility, and require that experts use those programs when
conducting bridge observations.
(d) Review of Data.--The Secretary shall establish a program to
periodically review bridge inspection and maintenance data from railroad
carrier bridge inspectors and Federal Railroad Administration bridge
experts.
SEC. 418. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT GRANTS.
(a) In General.--Subchapter II of chapter 201, as amended by section
413 of this division, is further amended by adding at the end thereof
the following:
[[Page 4892]]
122 STAT. 4892
``Sec. 20167. Railroad safety infrastructure improvement grants
``(a) Grant Program.--The Secretary of Transportation shall
establish a grant program for safety improvements to railroad
infrastructure, including the acquisition, improvement, or
rehabilitation of intermodal or rail equipment or facilities, including
track, bridges, tunnels, yards, buildings, passenger stations,
facilities, and maintenance and repair shops.
``(b) Eligibility.--Grants shall be made under this section to
eligible passenger and freight railroad carriers, and State and local
governments for projects described in subsection (a). Grants shall also
be made available to assist a State or political subdivision thereof in
establishing a quiet zone pursuant to part 222 of title 49, Code of
Federal Regulations.
``(c) Considerations.--In awarding grants, the Secretary shall
consider, at a minimum--
``(1) the age and condition of the rail infrastructure of
the applicant;
``(2) the railroad carrier's safety record, including
accident and incident numbers and rates;
``(3) the volume of hazardous materials transported by the
railroad;
``(4) the operation of passenger trains over the railroad;
and
``(5) whether the railroad carrier has submitted a railroad
safety risk reduction program, as required by section 20156.
``(d) Matching Requirements.--Federal funds for any eligible project
under this section shall not exceed 50 percent of the total cost of such
project.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $5,000,000 for each of
fiscal years 2010 through 2013 to carry out this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by section 413 of this division, is amended by inserting after
the item relating to section 20166 the following:
``20167. Railroad safety infrastructure improvement grants.''.
SEC. 419. PROMPT MEDICAL ATTENTION.
(a) In General.--Section 20109 [NOTE: 49 USC 20109. is amended--
(1) by redesignating subsections (c) through (i) as
subsections (d) through (j), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Prompt Medical Attention.--
``(1) Prohibition.--A railroad carrier or person covered
under this section may not deny, delay, or interfere with the
medical or first aid treatment of an employee who is injured
during the course of employment. If transportation to a hospital
is requested by an employee who is injured during the course of
employment, the railroad shall promptly arrange to have the
injured employee transported to the nearest hospital where the
employee can receive safe and appropriate medical care.
``(2) Discipline.--A railroad carrier or person covered
under this section may not discipline, or threaten discipline
to, an employee for requesting medical or first aid treatment,
[[Page 4893]]
122 STAT. 4893
or for following orders or a treatment plan of a treating
physician, except that a railroad carrier's refusal to permit an
employee to return to work following medical treatment shall not
be considered a violation of this section if the refusal is
pursuant to Federal Railroad Administration medical standards
for fitness of duty or, if there are no pertinent Federal
Railroad Administration standards, a carrier's medical standards
for fitness for duty. For purposes of this paragraph, the term
`discipline' means to bring charges against a person in a
disciplinary proceeding, suspend, terminate, place on probation,
or make note of reprimand on an employee's record.''.
(b) Conforming Amendments.--Section 20109 [NOTE: 49 USC 20109. is
amended--
(1) in subsection (d), as redesignated by subsection (a) of
this section--
(A) by striking ``(a) or (b)'' in paragraph (1) and
inserting ``(a), (b), or (c)'';
(B) by striking ``(c)(1)'' in paragraph (2)(A)(i)
and inserting ``(d)(1)'';
(C) by striking ``(a) or (b)'' in paragraph
(2)(A)(ii) and inserting ``(a), (b), or (c)''; and
(2) in subsection (e), as so redesignated--
(A) by striking ``(c)'' in paragraph (1) and
inserting ``(d)'';
(B) by striking ``(c)'' in paragraph (2) and
inserting ``(d)'';
(C) by striking ``(c)(3)'' in paragraph (2) and
inserting ``(d)(3)''; and
(D) by striking ``(c)'' in paragraph (3) and
inserting ``(d)''.
SEC. 420. EMPLOYEE SLEEPING QUARTERS.
Section 21106 is amended--
(1) by inserting ``(a) In General.--'' before ``A railroad
carrier'';
(2) by striking ``sanitary and give those employees and
individuals an opportunity for rest free from the interruptions
caused by noise under the control of the carrier;'' in paragraph
(1) and inserting ``sanitary, give those employees and
individuals an opportunity for rest free from the interruptions
caused by noise under the control of the carrier, and provide
indoor toilet facilities, potable water, and other features to
protect the health of employees;''; and
(3) by adding at the end the following:
``(b) Camp Cars.--Not [NOTE: Deadline. later than December 31,
2009, any railroad carrier that uses camp cars shall fully retrofit or
replace such cars in compliance with subsection (a).
``(c) Regulations.--Not [NOTE: Deadlines. later than April 1,
2010, the Secretary of Transportation, in coordination with the
Secretary of Labor, shall prescribe regulations to implement subsection
(a)(1) to protect the safety and health of any employees and individuals
employed to maintain the right of way of a railroad carrier that uses
camp cars, which shall require that all camp cars comply with those
regulations by December 31, 2010. In prescribing the regulations, the
Secretary shall assess the action taken by any railroad carrier to fully
retrofit or replace its camp cars pursuant to this section.
``(d) Compliance and Enforcement.--The Secretary shall determine
whether a railroad carrier has fully retrofitted or replaced
[[Page 4894]]
122 STAT. 4894
a camp car pursuant to subsection (b) and shall prohibit the use of any
non-compliant camp car. The Secretary may assess civil penalties
pursuant to chapter 213 for violations of this section.''.
TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO
FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--Chapter 11 is amended by adding at the end of
subchapter III the following:
``Sec. 1139. Assistance to families of passengers involved in rail
passenger accidents
``(a) In [NOTE: Designations. General.--As soon as practicable
after being notified of a rail passenger accident within the United
States involving a rail passenger carrier and resulting in a major loss
of life, the Chairman of the National Transportation Safety Board
shall--
``(1) designate and publicize the name and phone number of a
director of family support services who shall be an employee of
the Board and shall be responsible for acting as a point of
contact within the Federal Government for the families of
passengers involved in the accident and a liaison between the
rail passenger carrier and the families; and
``(2) designate an independent nonprofit organization, with
experience in disasters and post trauma communication with
families, which shall have primary responsibility for
coordinating the emotional care and support of the families of
passengers involved in the accident.
``(b) Responsibilities of the Board.--The Board shall have primary
Federal responsibility for--
``(1) facilitating the recovery and identification of
fatally injured passengers involved in an accident described in
subsection (a); and
``(2) communicating with the families of passengers involved
in the accident as to the roles, with respect to the accident
and the post-accident activities, of--
``(A) the organization designated for an accident
under subsection (a)(2);
``(B) Government agencies; and
``(C) the rail passenger carrier involved.
``(c) Responsibilities of Designated Organization.--The organization
designated for an accident under subsection (a)(2) shall have the
following responsibilities with respect to the families of passengers
involved in the accident:
``(1) To provide mental health and counseling services, in
coordination with the disaster response team of the rail
passenger carrier involved.
``(2) To take such actions as may be necessary to provide an
environment in which the families may grieve in private.
``(3) To meet with the families who have traveled to the
location of the accident, to contact the families unable to
travel to such location, and to contact all affected families
periodically thereafter until such time as the organization, in
consultation with the director of family support services
designated for the
[[Page 4895]]
122 STAT. 4895
accident under subsection (a)(1), determines that further
assistance is no longer needed.
``(4) To arrange a suitable memorial service, in
consultation with the families.
``(d) Passenger Lists.--
``(1) Requests for passenger lists.--
``(A) Requests by director of family support
services.--It shall be the responsibility of the
director of family support services designated for an
accident under subsection (a)(1) to request, as soon as
practicable, from the rail passenger carrier involved in
the accident a list, which is based on the best
available information at the time of the request, of the
names of the passengers that were aboard the rail
passenger carrier's train involved in the accident. A
rail passenger carrier shall use reasonable efforts,
with respect to its unreserved trains, and passengers
not holding reservations on its other trains, to
ascertain the names of passengers aboard a train
involved in an accident.
``(B) Requests by designated organization.--The
organization designated for an accident under subsection
(a)(2) may request from the rail passenger carrier
involved in the accident a list described in
subparagraph (A).
``(2) Use of information.--Except as provided in subsection
(k), the director of family support services and the
organization may not release to any person information on a list
obtained under paragraph (1) but may provide information on the
list about a passenger to the family of the passenger to the
extent that the director of family support services or the
organization considers appropriate.
``(e) Continuing Responsibilities of the Board.--In the course of
its investigation of an accident described in subsection (a), the Board
shall, to the maximum extent practicable, ensure that the families of
passengers involved in the accident--
``(1) are briefed, prior to any public briefing, about the
accident and any other findings from the investigation; and
``(2) are individually informed of and allowed to attend any
public hearings and meetings of the Board about the accident.
``(f) Use of Rail Passenger Carrier Resources.--To the extent
practicable, the organization designated for an accident under
subsection (a)(2) shall coordinate its activities with the rail
passenger carrier involved in the accident to facilitate the reasonable
use of the resources of the carrier.
``(g) Prohibited Actions.--
``(1) Actions to impede the board.--No person (including a
State or political subdivision thereof) may impede the ability
of the Board (including the director of family support services
designated for an accident under subsection (a)(1)), or an
organization designated for an accident under subsection (a)(2),
to carry out its responsibilities under this section or the
ability of the families of passengers involved in the accident
to have contact with one another.
``(2) Unsolicited communications.--No unsolicited
communication concerning a potential action or settlement offer
for personal injury or wrongful death may be made by an attorney
(including any associate, agent, employee, or other
[[Page 4896]]
122 STAT. 4896
representative of an attorney) or any potential party to the
litigation, including the railroad carrier or rail passenger
carrier, to an individual (other than an employee of the rail
passenger carrier) injured in the accident, or to a relative of
an individual involved in the accident, before the 45th day
following the date of the accident.
``(3) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision thereof
may prevent the employees, agents, or volunteers of an
organization designated for an accident under subsection (a)(2)
from providing mental health and counseling services under
subsection (c)(1) in the 30-day period beginning on the date of
the accident. The director of family support services designated
for the accident under subsection (a)(1) may extend such period
for not to exceed an additional 30 days if the director
determines that the extension is necessary to meet the needs of
the families and if State and local authorities are notified of
the determination.
``(h) Definitions.--In this section:
``(1) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster resulting in a major
loss of life occurring in the provision of--
``(A) interstate intercity rail passenger
transportation (as such term is defined in section
24102); or
``(B) interstate or intrastate high-speed rail (as
such term is defined in section 26105) transportation,
regardless of its cause or suspected cause.
``(2) Rail passenger carrier.--The term `rail passenger
carrier' means a rail carrier providing--
``(A) interstate intercity rail passenger
transportation (as such term is defined in section
24102); or
``(B) interstate or intrastate high-speed rail (as
such term is defined in section 26105) transportation,
except that such term does not include a tourist, historic,
scenic, or excursion rail carrier.
``(3) Passenger.--The term `passenger' includes--
``(A) an employee of a rail passenger carrier aboard
a train;
``(B) any other person aboard the train without
regard to whether the person paid for the
transportation, occupied a seat, or held a reservation
for the rail transportation; and
``(C) any other person injured or killed in a rail
passenger accident, as determined appropriate by the
Board.
``(i) Limitation on Statutory Construction.--Nothing in this section
may be construed as limiting the actions that a rail passenger carrier
may take, or the obligations that a rail passenger carrier may have, in
providing assistance to the families of passengers involved in a rail
passenger accident.
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection
(g)) shall not apply to a railroad passenger accident if the
Board has relinquished investigative priority under section
1131(a)(2)(B) and the Federal agency to which the Board
relinquished investigative priority is willing and able to
provide assistance to the victims and families of the passengers
involved in the accident.
[[Page 4897]]
122 STAT. 4897
``(2) Board assistance.--If this section does not apply to a
railroad passenger accident because the Board has relinquished
investigative priority with respect to the accident, the Board
shall assist, to the maximum extent possible, the agency to
which the Board has relinquished investigative priority in
assisting families with respect to the accident.
``(k) Savings Clause.--Nothing in this section shall be construed to
abridge the authority of the Board or the Secretary of Transportation to
investigate the causes or circumstances of any rail accident, including
development of information regarding the nature of injuries sustained
and the manner in which they were sustained for the purposes of
determining compliance with existing laws and regulations or for
identifying means of preventing similar injuries in the future, or
both.''.
(b) Conforming Amendment.--The chapter analysis for chapter 11 is
amended by inserting after the item relating to section 1138 the
following:
``1139. Assistance to families of passengers involved in rail passenger
accidents.''.
SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF
PASSENGERS INVOLVED IN RAIL PASSENGER
ACCIDENTS.
(a) In General.--Chapter 243 is amended by adding at the end the
following:
``Sec. 24316. Plans to address needs of families of passengers
involved in rail passenger accidents
``(a) Submission of Plan.--Not [NOTE: Deadline. later than 6
months after the date of the enactment of the Rail Safety Improvement
Act of 2008, a rail passenger carrier shall submit to the Chairman of
the National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security a plan for
addressing the needs of the families of passengers involved in any rail
passenger accident involving a rail passenger carrier intercity train
and resulting in a major loss of life.
``(b) Contents of Plans.--A plan to be submitted by a rail passenger
carrier under subsection (a) shall include, at a minimum, the following:
``(1) A process by which a rail passenger carrier will
maintain and provide to the National Transportation Safety
Board, the Secretary of Transportation, and the Secretary of
Homeland Security immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for the rail passenger
carrier to use reasonable efforts to ascertain the names of
passengers aboard a train involved in an accident.
``(2) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, either by utilizing the services of the
organization designated for the accident under section
1139(a)(2) of this title or the services of other suitably
trained individuals.
``(3) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
[[Page 4898]]
122 STAT. 4898
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as the rail
passenger carrier has verified that the passenger was aboard the
train (whether or not the names of all of the passengers have
been verified).
``(5) An assurance that, upon request of the family of a
passenger, the rail passenger carrier will inform the family of
whether the passenger's name appeared on any preliminary
passenger manifest for the train involved in the accident.
``(6) A process by which the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within the control of the rail
passenger carrier and by which any possession of the passenger
within the control of the rail passenger carrier (regardless of
its condition)--
``(A) will be retained by the rail passenger carrier
for at least 18 months; and
``(B) will be returned to the family unless the
possession is needed for the accident investigation or
any criminal investigation.
``(7) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(8) An assurance that the rail passenger carrier will
provide adequate training to the employees and agents of the
carrier to meet the needs of survivors and family members
following an accident.
``(9) An assurance that the family of each passenger or
other person killed in the accident will be consulted about
construction by the rail passenger carrier of any monument to
the passengers, including any inscription on the monument.
``(10) An assurance that the rail passenger carrier will
work with any organization designated under section 1139(a)(2)
of this title on an ongoing basis to ensure that families of
passengers receive an appropriate level of services and
assistance following each accident.
``(11) An assurance that the rail passenger carrier will
provide reasonable compensation to any organization designated
under section 1139(a)(2) of this title for services provided by
the organization.
``(c) Use of Information.--Neither the National Transportation
Safety Board, the Secretary of Transportation, the Secretary of Homeland
Security, nor a rail passenger carrier may release to the public any
personal information on a list obtained under subsection (b)(1), but may
provide information on the list about a passenger to the passenger's
family members to the extent that the Board or a rail passenger carrier
considers appropriate.
``(d) Limitation on Statutory Construction.--
``(1) Rail passenger carriers.--Nothing in this section may
be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger
carrier may have, in providing assistance to the families of
passengers involved in a rail passenger accident.
``(2) Investigational authority of board and secretary.--
Nothing in this section shall be construed to abridge
[[Page 4899]]
122 STAT. 4899
the authority of the Board or the Secretary of Transportation to
investigate the causes or circumstances of any rail accident,
including the development of information regarding the nature of
injuries sustained and the manner in which they were sustained,
for the purpose of determining compliance with existing laws and
regulations or identifying means of preventing similar injuries
in the future.
``(e) Limitation on Liability.--A rail passenger carrier shall not
be liable for damages in any action brought in a Federal or State court
arising out of the performance of the rail passenger carrier in
preparing or providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted by the rail
passenger carrier under subsection (b), unless such liability was caused
by conduct of the rail passenger carrier which was grossly negligent or
which constituted intentional misconduct.
``(f) Definitions.--In this section, the terms `passenger' and `rail
passenger accident' have the meaning given those terms by section 1139
of this title.
``(g) Funding.--Out of funds appropriated pursuant to section
20117(a)(1)(A), there shall be made available to the Secretary of
Transportation $500,000 for fiscal year 2010 to carry out this section.
Amounts made available pursuant to this subsection shall remain
available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 is
amended by inserting after the item relating to section 24315 the
following:
``24316.Plan to assist families of passengers involved in rail passenger
accidents.''.
SEC. 503. [NOTE: 49 USC 1139 note. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--The Secretary, in cooperation with the National
Transportation Safety Board, organizations potentially designated under
section 1139(a)(2) of title 49, United States Code, rail passenger
carriers (as defined in section 1139(h)(2) of title 49, United States
Code), and families which have been involved in rail accidents, shall
establish a task force consisting of representatives of such entities
and families, representatives of rail passenger carrier employees, and
representatives of such other entities as the Secretary considers
appropriate.
(b) Model Plan and Recommendations.--The task force established
pursuant to subsection (a) shall develop--
(1) a model plan to assist rail passenger carriers in
responding to passenger rail accidents;
(2) recommendations on methods to improve the timeliness of
the notification provided by passenger rail carriers to the
families of passengers involved in a passenger rail accident;
(3) recommendations on methods to ensure that the families
of passengers involved in a passenger rail accident who are not
citizens of the United States receive appropriate assistance;
and
(4) recommendations on methods to ensure that emergency
services personnel have as immediate and accurate a count of the
number of passengers onboard the train as possible.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit a report to the House of
Representatives Committee on Transportation and Infrastructure and the
Senate Committee on Commerce, Science, and
[[Page 4900]]
122 STAT. 4900
Transportation containing the model plan and recommendations developed
by the task force under subsection (b).
TITLE VI-- [NOTE: Clean Railroads Act of 2008. CLARIFICATION OF
FEDERAL JURISDICTION OVER SOLID WASTE FACILITIES
SEC. [NOTE: 49 USC 10101 note. 601. SHORT TITLE.
This title may be cited as the ``Clean Railroads Act of 2008''.
SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID WASTE
TRANSFER FACILITIES.
Section 10501(c)(2) [NOTE: 49 USC 10501. is amended to read as
follows:
``(2) Except as provided in paragraph (3), the Board does not have
jurisdiction under this part over--
``(A) mass transportation provided by a local government
authority; or
``(B) a solid waste rail transfer facility as defined in
section 10908 of this title, except as provided under sections
10908 and 10909 of this title.''.
SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.
(a) In General.--Chapter 109 is amended by adding at the end thereof
the following:
``Sec. 10908. Regulation of solid waste rail transfer facilities
``(a) In General.--Each solid waste rail transfer facility shall be
subject to and shall comply with all applicable Federal and State
requirements, both substantive and procedural, including judicial and
administrative orders and fines, respecting the prevention and abatement
of pollution, the protection and restoration of the environment, and the
protection of public health and safety, including laws governing solid
waste, to the same extent as required for any similar solid waste
management facility, as defined in section 1004(29) of the Solid Waste
Disposal Act (42 U.S.C. 6903(29)) that is not owned or operated by or on
behalf of a rail carrier, except as provided for in section 10909 of
this chapter.
``(b) Existing Facilities.--
``(1) State laws and standards.--
Not [NOTE: Deadline. later than 90 days after the date of
enactment of the Clean Railroads Act of 2008, a solid waste rail
transfer facility operating as of such date of enactment shall
comply with all Federal and State requirements pursuant to
subsection (a) other than those provisions requiring permits.
``(2) Permit requirements.--
``(A) State non-siting permits.--Any solid waste
rail transfer facility operating as of the date of
enactment of the Clean Railroads Act of 2008 that does
not possess a permit required pursuant to subsection
(a), other than a siting permit for the facility, as of
the date of enactment of the Clean Railroads Act of 2008
shall not be required to possess any such permits in
order to operate the facility--
``(i) [NOTE: Deadline. if, within 180 days
after such date of enactment, the solid waste rail
transfer facility has submitted, in good faith, a
complete application for all
[[Page 4901]]
122 STAT. 4901
permits, except siting permits, required pursuant
to subsection (a) to the appropriate permitting
agency authorized to grant such permits; and
``(ii) until the permitting agency has either
approved or denied the solid waste rail transfer
facility's application for each permit.
``(B) Siting permits and requirements.--A solid
waste rail transfer facility operating as of the date of
enactment of the Clean Railroads Act of 2008 that does
not possess a State siting permit required pursuant to
subsection (a) as of such date of enactment shall not be
required to possess any siting permit to continue to
operate or comply with any State land use requirements.
The Governor of a State in which the facility is
located, or his or her designee, may petition the Board
to require the facility to apply for a land-use
exemption pursuant to section 10909 of this chapter. The
Board shall accept the petition, and the facility shall
be required to have a Board-issued land-use exemption in
order to continue to operate, pursuant to section 10909
of this chapter.
``(c) Common Carrier Obligation.--No prospective or current rail
carrier customer may demand solid waste rail transfer service from a
rail carrier at a solid waste rail transfer facility that does not
already possess the necessary Federal land-use exemption and State
permits at the location where service is requested.
``(d) Non-Waste Commodities.--Nothing in this section or section
10909 of this chapter shall affect a rail carrier's ability to conduct
transportation-related activities with respect to commodities other than
solid waste.
``(e) Definitions.--
``(1) In general.--In this section:
``(A) Commercial and retail waste.--The term
`commercial and retail waste' means material discarded
by stores, offices, restaurants, warehouses,
nonmanufacturing activities at industrial facilities,
and other similar establishments or facilities.
``(B) Construction and demolition debris.--The term
`construction and demolition debris' means waste
building materials, packaging, and rubble resulting from
construction, remodeling, repair, and demolition
operations on pavements, houses, commercial buildings,
and other structures.
``(C) Household waste.--The term `household waste'
means material discarded by residential dwellings,
hotels, motels, and other similar permanent or temporary
housing establishments or facilities.
``(D) Industrial waste.--The term `industrial waste'
means the solid waste generated by manufacturing and
industrial and research and development processes and
operations, including contaminated soil, nonhazardous
oil spill cleanup waste and dry nonhazardous pesticides
and chemical waste, but does not include hazardous waste
regulated under subtitle C of the Solid Waste Disposal
Act (42 U.S.C. 6921 et seq.), mining or oil and gas
waste.
``(E) Institutional waste.--The term `institutional
waste' means material discarded by schools, nonmedical
[[Page 4902]]
122 STAT. 4902
waste discarded by hospitals, material discarded by
nonmanufacturing activities at prisons and government
facilities, and material discarded by other similar
establishments or facilities.
``(F) Municipal solid waste.--The term `municipal
solid waste' means--
``(i) household waste;
``(ii) commercial and retail waste; and
``(iii) institutional waste.
``(G) Solid waste.--With the exception of waste
generated by a rail carrier during track, track
structure, or right-of-way construction, maintenance, or
repair (including railroad ties and line-side poles) or
waste generated as a result of a railroad accident,
incident, or derailment, the term `solid waste' means--
``(i) construction and demolition debris;
``(ii) municipal solid waste;
``(iii) household waste;
``(iv) commercial and retail waste;
``(v) institutional waste;
``(vi) sludge;
``(vii) industrial waste; and
``(viii) other solid waste, as determined
appropriate by the Board.
``(H) Solid waste rail transfer facility.--The term
`solid waste rail transfer facility'--
``(i) means the portion of a facility owned or
operated by or on behalf of a rail carrier (as
defined in section 10102 of this title) where
solid waste, as a commodity to be transported for
a charge, is collected, stored, separated,
processed, treated, managed, disposed of, or
transferred, when the activity takes place outside
of original shipping containers; but
``(ii) does not include--
``(I) the portion of a facility to
the extent that activities taking place
at such portion are comprised solely of
the railroad transportation of solid
waste after the solid waste is loaded
for shipment on or in a rail car,
including railroad transportation for
the purpose of interchanging railroad
cars containing solid waste shipments;
or
``(II) a facility where solid waste
is solely transferred or transloaded
from a tank truck directly to a rail
tank car.
``(I) Sludge.--The term `sludge' means any solid,
semi-solid or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant,
water supply treatment plant, or air pollution control
facility exclusive of the treated effluent from a
wastewater treatment plant.
``(2) Exceptions.--Notwithstanding paragraph (1), the terms
`household waste', `commercial and retail waste', and
`institutional waste' do not include--
``(A) yard waste and refuse-derived fuel;
``(B) used oil;
``(C) wood pallets;
``(D) clean wood;
[[Page 4903]]
122 STAT. 4903
``(E) medical or infectious waste; or
``(F) motor vehicles (including motor vehicle parts
or vehicle fluff).
``(3) State requirements.--In this section the term `State
requirements' does not include the laws, regulations,
ordinances, orders, or other requirements of a political
subdivision of a State, including a locality or municipality,
unless a State expressly delegates such authority to such
political subdivision.''.
(b) Conforming Amendment.--The chapter analysis for chapter 109 is
amended by inserting after the item relating to section 10907 the
following:
``10908. Regulation of solid waste rail transfer facilities.''.
SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE EXEMPTION
AUTHORITY.
(a) In General.--Chapter 109 is further amended by adding at the end
thereof the following:
``Sec. 10909. Solid waste rail transfer facility land-use
exemption
``(a) Authority.--The Board may issue a land-use exemption for a
solid waste rail transfer facility that is or is proposed to be operated
by or on behalf of a rail carrier if--
``(1) the Board finds that a State, local, or municipal law,
regulation, order, or other requirement affecting the siting of
such facility unreasonably burdens the interstate transportation
of solid waste by railroad, discriminates against the railroad
transportation of solid waste and a solid waste rail transfer
facility, or a rail carrier that owns or operates such a
facility petitions the Board for such an exemption; or
``(2) the Governor of a State in which a facility that is
operating as of the date of enactment of the Clean Railroads Act
of 2008 is located, or his or her designee, petitions the Board
to initiate a permit proceeding for that particular facility.
``(b) Land-Use Exemption Procedures.--
Not [NOTE: Deadline. Publication. later than 90 days after the date
of enactment of the Clean Railroad Act of 2008, the Board shall publish
procedures governing the submission and review of applications for solid
waste rail transfer facility land-use exemptions. At a minimum, the
procedures shall address--
``(1) the information that each application should contain
to explain how the solid waste rail transfer facility will not
pose an unreasonable risk to public health, safety, or the
environment;
``(2) the opportunity for public notice and comment
including notification of the municipality, the State, and any
relevant Federal or State regional planning entity in the
jurisdiction of which the solid waste rail transfer facility is
proposed to be located;
``(3) the timeline for Board review, including a requirement
that the Board approve or deny an exemption within 90 days after
the full record for the application is developed;
``(4) the expedited review timelines for petitions for
modifications, amendments, or revocations of granted exemptions;
``(5) the process for a State to petition the Board to
require a solid waste transfer facility or a rail carrier that
owns or operates such a facility to apply for a siting permit;
and
[[Page 4904]]
122 STAT. 4904
``(6) the process for a solid waste transfer facility or a
rail carrier that owns or operates such a facility to petition
the Board for a land-use exemption.
``(c) Standard for Review.--
``(1) The Board may only issue a land-use exemption if it
determines that the facility at the existing or proposed
location does not pose an unreasonable risk to public health,
safety, or the environment. In deciding whether a solid waste
rail transfer facility that is or proposed to be constructed or
operated by or on behalf of a rail carrier poses an unreasonable
risk to public health, safety, or the environment, the Board
shall weigh the particular facility's potential benefits to and
the adverse impacts on public health, public safety, the
environment, interstate commerce, and transportation of solid
waste by rail.
``(2) The Board may not grant a land-use exemption for a
solid waste rail transfer facility proposed to be located on
land within any unit of or land affiliated with the National
Park System, the National Wildlife Refuge System, the National
Wilderness Preservation System, the National Trails System, the
National Wild and Scenic Rivers System, a National Reserve, a
National Monument, or lands referenced in Public Law 108-421 for
which a State has implemented a conservation management plan, if
operation of the facility would be inconsistent with
restrictions placed on such land.
``(d) Considerations.--When evaluating an application under this
section, the Board shall consider and give due weight to the following,
as applicable:
``(1) the land-use, zoning, and siting regulations or solid
waste planning requirements of the State or State subdivision in
which the facility is or will be located that are applicable to
solid waste transfer facilities, including those that are not
owned or operated by or on behalf of a rail carrier;
``(2) the land-use, zoning, and siting regulations or solid
waste planning requirements applicable to the property where the
solid waste rail transfer facility is proposed to be located;
``(3) regional transportation planning requirements
developed pursuant to Federal and State law;
``(4) regional solid waste disposal plans developed pursuant
to State or Federal law;
``(5) any Federal and State environmental protection laws or
regulations applicable to the site;
``(6) any unreasonable burdens imposed on the interstate
transportation of solid waste by railroad, or the potential for
discrimination against the railroad transportation of solid
waste, a solid waste rail transfer facility, or a rail carrier
that owns or operates such a facility; and
``(7) any other relevant factors, as determined by the
Board.
``(e) Existing Facilities.--Upon the granting of petition from the
State in which a solid waste rail transfer facility is operating as of
the date of enactment of the Clean Railroads Act of 2008 by the Board,
the facility shall submit a complete application for a siting permit to
the Board pursuant to the procedures issued pursuant to subsection (b).
No State may enforce a law, regulation, order, or other requirement
affecting the siting of a facility that is operating as of the date of
enactment of the Clean Railroads
[[Page 4905]]
122 STAT. 4905
Act of 2008 until the Board has approved or denied a permit pursuant to
subsection (c).
``(f) Effect of Land-Use Exemption.--If the Board grants a land-use
exemption to a solid waste rail transfer facility, all State laws,
regulations, orders, or other requirements affecting the siting of a
facility are preempted with regard to that facility. An exemption may
require compliance with such State laws, regulations, orders, or other
requirements.
``(g) Injunctive Relief.--Nothing in this section precludes a person
from seeking an injunction to enjoin a solid waste rail transfer
facility from being constructed or operated by or on behalf of a rail
carrier if that facility has materially violated, or will materially
violate, its land-use exemption or if it failed to receive a valid land-
use exemption under this section.
``(h) Fees.--The Board may charge permit applicants reasonable fees
to implement this section, including the costs of third-party
consultants.
``(i) Definitions.--In this section the terms `solid waste', `solid
waste rail transfer facility', and `State requirements' have the meaning
given such terms in section 10908(e).''.
(b) Conforming Amendment.--The chapter analysis for chapter 109, as
amended by section 603 of this division, is amended by inserting after
the item relating to section 10908 the following:
``10909. Solid waste rail transfer facility land-use exemption.''.
SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES.
(a) In General.--Chapter 109, as amended by section 604, is further
amended by adding at the end thereof the following:
``Sec. 10910. Effect on other statutes and authorities
``Nothing in section 10908 or 10909 is intended to affect the
traditional police powers of the State to require a rail carrier to
comply with State and local environmental, public health, and public
safety standards that are not unreasonably burdensome to interstate
commerce and do not discriminate against rail carriers.''.
(b) Conforming Amendment.--The chapter analysis for chapter 109, as
amended by section 604 of this division, is amended by inserting after
the item relating to section 10909 the following:
``10910. Effect on other statutes and authorities.''.
TITLE VII--TECHNICAL CORRECTIONS
SEC. 701. TECHNICAL CORRECTIONS.
(a) Limitations on Financial Assistance.--Section 22106 [NOTE: 49
USC 22106. is amended--
(1) by striking the second sentence of subsection (a);
(2) by striking subsection (b) and inserting the following:
``(b) State Use of Repaid Funds and Contingent Interest
Recoveries.--The State shall place the United States Government's share
of money that is repaid and any contingent interest that is recovered in
an interest-bearing account. The repaid money, contingent interest, and
any interest thereof shall be considered to be State funds. The State
shall use such funds to make other grants and loans, consistent with the
purposes for which financial
[[Page 4906]]
122 STAT. 4906
assistance may be used under subsection (a), as the State considers to
be appropriate.''; and
(3) by striking subsections (c) and (e) and redesignating
subsection (d) as subsection (c).
(b) Grants for Class II and III Railroads.--Section
22301(a)(1)(A)(iii) [NOTE: 49 USC 22301. is amended by striking
``and'' and inserting ``or''.
(c) Rail Transportation of Renewable Fuel Study.--Section
245(a)(1) [NOTE: 121 Stat. 1546. of the Energy Independence and
Security Act of 2007 is amended by striking ``Secretary, in coordination
with the Secretary of Transportation,'' and inserting ``Secretary and
the Secretary of Transportation''.
(d) Motor Carrier Definition.--
Section 14504a is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``(except as provided in paragraph (5))''
after ``14506'';
(B) in paragraph (1), by striking subparagraph (A)
and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the term `commercial motor vehicle'--
``(i) for calendar years 2008 and 2009, has
the meaning given the term in section 31101; and
``(ii) for years beginning after December 31,
2009, means a self-propelled vehicle described in
section 31101.''; and
(C) by striking paragraph (5) and inserting the
following:
``(5) Motor carrier.--
``(A) This section.--In this section:
``(i) In general.--The term `motor carrier'
includes all carriers that are otherwise exempt
from this part--
``(I) under subchapter I of chapter
135; or
``(II) through exemption actions by
the former Interstate Commerce
Commission under this title.
``(ii) Exclusions.--In this section, the term
`motor carrier' does not include--
``(I) any carrier subject to section
13504; or
``(II) any other carrier that the
board of directors of the unified
carrier registration plan determines to
be appropriate pursuant to subsection
(d)(4)(C).
``(B) Section 14506.--In section 14506, the term
`motor carrier' includes all carriers that are otherwise
exempt from this part--
``(i) under subchapter I of chapter 135; or
``(ii) through exemption actions by the former
Interstate Commerce Commission under this
title.''; and
(2) in subsection (d)(4)(C), by inserting before the period
at the end the following: ``, except that a decision to approve
the exclusion of carriers from the definition of the term `motor
carrier' under subsection (a)(5) shall require an affirmative
vote of \3/4\ of all such directors.''.
(e) Extension of Loan Period.--Section 502(g)(1) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(g)(1))
is amended by striking ``25 years'' and inserting ``35 years''.
[[Page 4907]]
122 STAT. 4907
DIVISION B-- [NOTE: Passenger Rail Investment and Improvement Act of
2008. AMTRAK
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short [NOTE: 49 USC 20101 note. Title.--This division may be
cited as the ``Passenger Rail Investment and Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Definition.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorization for Amtrak capital and operating expenses.
Sec. 102. Repayment of long-term debt and capital leases.
Sec. 103. Authorization for the Federal Railroad Administration.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
Sec. 201. National railroad passenger transportation system defined.
Sec. 202. Amtrak board of directors.
Sec. 203. Establishment of improved financial accounting system.
Sec. 204. Development of 5-year financial plan.
Sec. 205. Restructuring long-term debt and capital leases.
Sec. 206. Establishment of grant process.
Sec. 207. Metrics and standards.
Sec. 208. Methodologies for Amtrak route and service planning decisions.
Sec. 209. State-supported routes.
Sec. 210. Long-distance routes.
Sec. 211. Northeast Corridor state-of-good-repair plan.
Sec. 212. Northeast Corridor infrastructure and operations improvements.
Sec. 213. Passenger train performance.
Sec. 214. Alternate passenger rail service pilot program.
Sec. 215. Employee transition assistance.
Sec. 216. Special passenger trains.
Sec. 217. Access to Amtrak equipment and services.
Sec. 218. General Amtrak provisions.
Sec. 219. Study of compliance requirements at existing intercity rail
stations.
Sec. 220. Oversight of Amtrak's compliance with accessibility
requirements.
Sec. 221. Amtrak management accountability.
Sec. 222. On-board service improvements.
Sec. 223. Incentive pay.
Sec. 224. Passenger rail service studies.
Sec. 225. Report on service delays on certain passenger rail routes.
Sec. 226. Plan for restoration of service.
Sec. 227. Maintenance and repair facility utilization study.
Sec. 228. Sense of the Congress regarding the need to maintain Amtrak as
a national passenger rail system.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 301. Capital assistance for intercity passenger rail service.
Sec. 302. Congestion grants.
Sec. 303. State rail plans.
Sec. 304. Tunnel project.
Sec. 305. Next generation corridor train equipment pool.
Sec. 306. Rail cooperative research program.
Sec. 307. Federal rail policy.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Commuter rail mediation.
Sec. 402. Routing efficiency discussions with Amtrak.
Sec. 403. Sense of Congress regarding commuter rail expansion.
Sec. 404. Locomotive biofuel study.
Sec. 405. Study of the use of biobased technologies.
Sec. 406. Cross-border passenger rail service.
Sec. 407. Historic preservation of railroads.
TITLE V--HIGH-SPEED RAIL
Sec. 501. High-speed rail corridor program.
[[Page 4908]]
122 STAT. 4908
Sec. 502. Additional high-speed rail projects.
TITLE VI--CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY
Sec. 601. Authorization for capital and preventive maintenance projects
for Washington Metropolitan Area Transit Authority.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this division
an amendment is expressed in terms of an amendment to a section or other
provision of law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 3. [NOTE: 49 USC 24101 note. DEFINITION.
In this division, the term ``Secretary'' means the Secretary of
Transportation.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING EXPENSES.
(a) Operating Grants.--There are authorized to be appropriated to
the Secretary for the use of Amtrak for operating costs the following
amounts:
(1) For fiscal year 2009, $530,000,000.
(2) For fiscal year 2010, $580,000,000.
(3) For fiscal year 2011, $592,000,000.
(4) For fiscal year 2012, $616,000,000.
(5) For fiscal year 2013, $631,000,000.
(b) Inspector General.--There are authorized to be appropriated to
the Secretary for the Office of the Inspector General of Amtrak the
following amounts:
(1) For fiscal year 2009, $20,000,000.
(2) For fiscal year 2010, $21,000,000.
(3) For fiscal year 2011, $22,000,000.
(4) For fiscal year 2012, $22,000,000.
(5) For fiscal year 2013, $23,000,000.
(c) Capital Grants.--There are authorized to be appropriated to the
Secretary for the use of Amtrak for capital projects (as defined in
subparagraphs (A) and (B) of section 24401(2) of title 49, United States
Code) to bring the Northeast Corridor (as defined in section 24102 of
such title) to a state-of-good-repair and for capital expenses of the
national rail passenger transportation system the following amounts:
(1) For fiscal year 2009, $715,000,000.
(2) For fiscal year 2010, $975,000,000.
(3) For fiscal year 2011, $1,025,000,000.
(4) For fiscal year 2012, $1,275,000,000.
(5) For fiscal year 2013, $1,325,000,000.
(d) Project Management Oversight.--The Secretary may withhold up to
\1/2\ of 1 percent of amounts appropriated pursuant to subsection (c)
for the costs of project management oversight of capital projects
carried out by Amtrak.
SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.
(a) Principal and Interest on Debt Service.--There are authorized to
be appropriated to the Secretary for the use of Amtrak
[[Page 4909]]
122 STAT. 4909
for retirement of principal and payment of interest on loans for capital
equipment, or capital leases, not more than the following amounts:
(1) For fiscal year 2009, $285,000,000.
(2) For fiscal year 2010, $264,000,000.
(3) For fiscal year 2011, $288,000,000.
(4) For fiscal year 2012, $290,000,000.
(5) For fiscal year 2013, $277,000,000.
(b) Early Buyout Option.--There are authorized to be appropriated to
the Secretary such sums as may be necessary for the use of Amtrak for
the payment of costs associated with early buyout options if the
exercise of those options is determined to be advantageous to Amtrak.
(c) Legal Effect of Payments Under This Section.--The payment of
principal and interest on secured debt, with the proceeds of grants
authorized by this section shall not--
(1) modify the extent or nature of any indebtedness of
Amtrak to the United States in existence as of the date of
enactment of this Act;
(2) change the private nature of Amtrak's or its successors'
liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak's outstanding indebtedness.
SEC. 103. AUTHORIZATION FOR THE FEDERAL RAILROAD ADMINISTRATION.
There are authorized to be appropriated to the Secretary for the use
of the Federal Railroad Administration such sums as necessary to
implement the provisions required under this division for fiscal years
2009 through 2013.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM
DEFINED.
(a) In General.--Section 24102 [NOTE: 49 USC 24102. is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so redesignated the
following:
``(5) `national rail passenger transportation system'
means--
``(A) the segment of the continuous Northeast
Corridor railroad line between Boston, Massachusetts,
and Washington, District of Columbia;
``(B) rail corridors that have been designated by
the Secretary of Transportation as high-speed rail
corridors (other than corridors described in
subparagraph (A)), but only after regularly scheduled
intercity service over a corridor has been established;
``(C) long-distance routes of more than 750 miles
between endpoints operated by Amtrak as of the date of
enactment of the Passenger Rail Investment and
Improvement Act of 2008; and
[[Page 4910]]
122 STAT. 4910
``(D) short-distance corridors, or routes of not
more than 750 miles between endpoints, operated by--
``(i) Amtrak; or
``(ii) another rail carrier that receives
funds under chapter 244.''.
(b) Amtrak Routes With State Funding.--
(1) In general.--Chapter 247 is amended by inserting after
section 24701 the following:
``Sec. 24702. Transportation requested by States, authorities, and
other persons
``(a) Contracts for Transportation.--Amtrak may enter into a
contract with a State, a regional or local authority, or another person
for Amtrak to operate an intercity rail service or route not included in
the national rail passenger transportation system upon such terms as the
parties thereto may agree.
``(b) Discontinuance.--Upon termination of a contract entered into
under this section, or the cessation of financial support under such a
contract by either party, Amtrak may discontinue such service or route,
notwithstanding any other provision of law.''.
(2) Conforming amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to section
24701 the following:
``24702. Transportation requested by States, authorities, and other
persons''.
(c) Amtrak [NOTE: 49 USC 24101 note. To Continue To Provide Non-
High-Speed Services.--Nothing in this division is intended to preclude
Amtrak from restoring, improving, or developing non-high-speed intercity
passenger rail service.
(d) Applicability of Section 24706.--Section [NOTE: 49 USC
24706. 24706 is amended by adding at the end the following:
``(c) Applicability.--This section applies to all service over
routes provided by Amtrak, notwithstanding any provision of section
24701 of this title or any other provision of this title except section
24702(b).''.
(e) Amtrak's Mission.--
(1) Amendments.--Section 24101 is amended--
(A) by striking ``purpose'' in the section heading
and inserting ``mission'';
(B) by striking subsection (b) and inserting the
following:
``(b) Mission.--The mission of Amtrak is to provide efficient and
effective intercity passenger rail mobility consisting of high quality
service that is trip-time competitive with other intercity travel
options and that is consistent with the goals of subsection (d).'';
(C) by redesignating paragraphs (9) through (11) in
subsection (c) as paragraphs (10) through (12),
respectively, and inserting after paragraph (8) the
following:
``(9) provide additional or complementary intercity
transportation service to ensure mobility in times of national
disaster or other instances where other travel options are not
adequately available;''; and
(D) in subsection (d), by striking ``subsection
(c)(11)'' and inserting ``subsection (c)(12)''.
[[Page 4911]]
122 STAT. 4911
(2) Conforming Amendment.--The chapter analysis for chapter 241 is
amended by striking the item relating to section 24101 and inserting the
following:
``24101. Findings, mission, and goals.''.
SEC. 202. AMTRAK BOARD OF DIRECTORS.
(a) In General.--Section [NOTE: 49 USC 24302. 24302 is amended to
read as follows:
``Sec. 24302. Board of directors
``(a) Composition and Terms.--
``(1) The Amtrak Board of Directors (referred to in this
section as the `Board') is composed of the following 9
directors, each of whom must be a citizen of the United States:
``(A) The Secretary of Transportation.
``(B) The President of Amtrak.
``(C) 7 [NOTE: President. individuals appointed
by the President of the United States, by and with the
advice and consent of the Senate, with general business
and financial experience, experience or qualifications
in transportation, freight and passenger rail
transportation, travel, hospitality, cruise line, or
passenger air transportation businesses, or
representatives of employees or users of passenger rail
transportation or a State government.
``(2) In [NOTE: President. Consultation. selecting
individuals described in paragraph (1) for nominations for
appointments to the Board, the President shall consult with the
Speaker of the House of Representatives, the minority leader of
the House of Representatives, the majority leader of the Senate,
and the minority leader of the Senate and try to provide
adequate and balanced representation of the major geographic
regions of the United States served by Amtrak.
``(3) An individual appointed under paragraph (1)(C) of this
subsection shall be appointed for a term of 5 years. Such term
may be extended until the individual's successor is appointed
and qualified. Not more than 5 individuals appointed under
paragraph (1)(C) may be members of the same political party.
``(4) The Board shall elect a chairman and a vice chairman,
other than the President of Amtrak, from among its membership.
The vice chairman shall serve as chairman in the absence of the
chairman.
``(5) The Secretary may be represented at Board meetings by
the Secretary's designee.
``(b) Pay and Expenses.--Each director not employed by the United
States Government or Amtrak is entitled to reasonable pay when
performing Board duties. Each director not employed by the United States
Government is entitled to reimbursement from Amtrak for necessary
travel, reasonable secretarial and professional staff support, and
subsistence expenses incurred in attending Board meetings.
``(c) Travel.--(1) Each director not employed by the United States
Government shall be subject to the same travel and reimbursable business
travel expense policies and guidelines that apply to Amtrak's executive
management when performing Board duties.
[[Page 4912]]
122 STAT. 4912
``(2) [NOTE: Deadline. Reports. Not later than 60 days after the
end of each fiscal year, the Board shall submit a report describing all
travel and reimbursable business travel expenses paid to each director
when performing Board duties to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
``(3) The report submitted under paragraph (2) shall include a
detailed justification for any travel or reimbursable business travel
expense that deviates from Amtrak's travel and reimbursable business
travel expense policies and guidelines.
``(d) Vacancies.--A vacancy on the Board is filled in the same way
as the original selection, except that an individual appointed by the
President of the United States under subsection (a)(1)(C) of this
section to fill a vacancy occurring before the end of the term for which
the predecessor of that individual was appointed is appointed for the
remainder of that term. A [NOTE: Deadline. vacancy required to be
filled by appointment under subsection (a)(1)(C) must be filled not
later than 120 days after the vacancy occurs.
``(e) Quorum.--A majority of the members serving shall constitute a
quorum for doing business.
``(f) Bylaws.--The Board may adopt and amend bylaws governing the
operation of Amtrak. The bylaws shall be consistent with this part and
the articles of incorporation.''.
(b) Effective Date for Directors' Provision.--The amendment made by
subsection (a) shall take effect 6 months after the date of enactment of
this Act. The members of the Amtrak Board of Directors serving as of the
date of enactment of this Act may continue to serve for the remainder of
the term to which they were appointed.
SEC. 203. [NOTE: 49 USC 24101 note. ESTABLISHMENT OF IMPROVED
FINANCIAL ACCOUNTING SYSTEM.
(a) In [NOTE: Deadlines. General.--The Amtrak Board of
Directors--
(1) may employ an independent financial consultant with
experience in railroad accounting to assist Amtrak in improving
Amtrak's financial accounting and reporting system and
practices;
(2) shall implement a modern financial accounting and
reporting system not later than 3 years after the date of
enactment of this Act; and
(3) shall, not later than 90 days after the end of each
fiscal year through fiscal year 2013--
(A) [NOTE: Reports. submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a comprehensive report
that allocates all of Amtrak's revenues and costs to
each of its routes, each of its lines of business, and
each major activity within each route and line of
business activity, including--
(i) train operations;
(ii) equipment maintenance;
(iii) food service;
(iv) sleeping cars;
(v) ticketing;
(vi) reservations; and
(vii) unallocated fixed overhead costs;
[[Page 4913]]
122 STAT. 4913
(B) include the report described in subparagraph (A)
in Amtrak's annual report; and
(C) post [NOTE: Web site. such report on Amtrak's
website.
(b) Verification of System; Report.--The Inspector General of the
Department of Transportation shall review the accounting system designed
and implemented under subsection (a) to ensure that it accomplishes the
purposes for which it is intended. The Inspector General shall report
his or her findings and conclusions, together with any recommendations,
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(c) Categorization of Revenues and Expenses.--In carrying out
subsection (a), the Amtrak Board of Directors shall separately
categorize assigned revenues and attributable expenses by type of
service, including long-distance routes, State-sponsored routes,
commuter contract routes, and Northeast Corridor routes.
SEC. 204. [NOTE: 49 USC 24101 note. DEVELOPMENT OF 5-YEAR
FINANCIAL PLAN.
(a) Development of 5-Year Financial Plan.--
The [NOTE: Deadline. Amtrak Board of Directors shall submit an annual
budget and business plan for Amtrak, and a 5-year financial plan for the
fiscal year to which that budget and business plan relate and the
subsequent 4 years, prepared in accordance with this section, to the
Secretary and the Inspector General of the Department of Transportation
no later than--
(1) the first day of each fiscal year beginning after the
date of enactment of this Act; or
(2) the date that is 60 days after the date of enactment of
an appropriations Act for the fiscal year, if later.
(b) Contents of 5-Year Financial Plan.--The 5-year financial plan
for Amtrak shall include, at a minimum--
(1) all projected revenues and expenditures for Amtrak,
including governmental funding sources;
(2) projected ridership levels for all Amtrak passenger
operations;
(3) revenue and expenditure forecasts for non-passenger
operations;
(4) capital funding requirements and expenditures necessary
to maintain passenger service in order to accommodate predicted
ridership levels and predicted sources of capital funding;
(5) operational funding needs, if any, to maintain current
and projected levels of passenger service, including State-
supported routes and predicted funding sources;
(6) projected capital and operating requirements, ridership,
and revenue for any new passenger service operations or service
expansions;
(7) an assessment of the continuing financial stability of
Amtrak, as indicated by factors such as anticipated Federal
funding of capital and operating costs, Amtrak's ability to
efficiently recruit, retain, and manage its workforce, and
Amtrak's ability to effectively provide passenger rail service;
(8) estimates of long-term and short-term debt and
associated principal and interest payments (both current and
anticipated);
(9) annual cash flow forecasts;
[[Page 4914]]
122 STAT. 4914
(10) a statement describing methods of estimation and
significant assumptions;
(11) specific measures that demonstrate measurable
improvement year over year in the financial results of Amtrak's
operations;
(12) prior fiscal year and projected operating ratio, cash
operating loss, and cash operating loss per passenger on a
route, business line, and corporate basis;
(13) prior fiscal year and projected specific costs and
savings estimates resulting from reform initiatives;
(14) prior fiscal year and projected labor productivity
statistics on a route, business line, and corporate basis;
(15) prior fiscal year and projected equipment reliability
statistics; and
(16) capital and operating expenditures for anticipated
security needs.
(c) Standards To Promote Financial Stability.--In meeting the
requirements of subsection (b), Amtrak shall--
(1) apply sound budgetary practices, including reducing
costs and other expenditures, improving productivity, increasing
revenues, or combinations of such practices;
(2) use the categories specified in the financial accounting
and reporting system developed under section 203 when preparing
its 5-year financial plan; and
(3) ensure that the plan is consistent with the
authorizations of appropriations under title I of this division.
(d) Review by DOT Inspector General.--Within [NOTE: Deadline. 60
days after their submission by Amtrak, the Inspector General of the
Department of Transportation shall review the annual budget and the 5-
year financial plans prepared by Amtrak under this section to determine
whether they meet the requirements of subsection (b) and shall furnish
any relevant findings to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Appropriations of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee
on Appropriations of the Senate.
SEC. 205. [NOTE: 49 USC 24101 note. RESTRUCTURING LONG-TERM
DEBT AND CAPITAL LEASES.
(a) In General.--The Secretary of the Treasury, in consultation with
the Secretary and Amtrak, may make agreements to restructure Amtrak's
indebtedness as of the date of enactment of this Act.
This [NOTE: Expiration date. authorization expires 2 years after the
date of enactment of this Act.
(b) Debt Restructuring.--The Secretary of the Treasury, in
consultation with the Secretary and Amtrak, shall enter into
negotiations with the holders of Amtrak debt, including leases,
outstanding as of the date of enactment of this Act for the purpose of
restructuring (including repayment) and repaying that debt. The
Secretary of the Treasury may secure agreements for restructuring or
repayment on such terms as the Secretary of the Treasury deems favorable
to the interests of the United States Government.
(c) Criteria.--In restructuring Amtrak's indebtedness, the Secretary
of the Treasury and Amtrak--
(1) shall take into consideration repayment costs, the term
of any loan or loans, and market conditions; and
(2) shall ensure that the restructuring results in
significant savings to Amtrak and the United States Government.
[[Page 4915]]
122 STAT. 4915
(d) Payment of Renegotiated Debt.--If the criteria under subsection
(c) are met, the Secretary of the Treasury may assume or repay the
restructured debt, as appropriate.
(e) Amtrak Principal and Interest Payments.--
(1) Principal on debt service.--Unless the Secretary of the
Treasury makes sufficient payments to creditors under subsection
(d) so that Amtrak is required to make no payments to creditors
in a fiscal year, the Secretary shall use funds authorized by
section 102 of this division for the use of Amtrak for
retirement of principal or payment of interest on loans for
capital equipment, or capital leases.
(2) Reductions in authorization levels.--Whenever action
taken by the Secretary of the Treasury under subsection (a)
results in reductions in amounts of principal or interest that
Amtrak must service on existing debt, the corresponding amounts
authorized by section 102 shall be reduced accordingly.
(f) Legal Effect of Payments Under This Section.--The payment of
principal and interest on secured debt, other than debt assumed under
subsection (d), with the proceeds of grants under subsection (e) shall
not--
(1) modify the extent or nature of any indebtedness of
Amtrak to the United States in existence as of the date of
enactment of this Act;
(2) change the private nature of Amtrak's or its successors'
liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak's outstanding indebtedness.
(g) Secretary Approval.--Amtrak may not incur more debt after the
date of enactment of this Act without the express advance approval of
the Secretary.
(h) Report.--The Secretary of the Treasury shall transmit a report
to the Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Appropriations of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Appropriations of the Senate, by
June 1, 2010--
(1) describing in detail any agreements to restructure the
Amtrak debt; and
(2) providing an estimate of the savings to Amtrak and the
United States Government.
SEC. 206. [NOTE: 49 USC 24101 note. ESTABLISHMENT OF GRANT
PROCESS.
(a) Grant Requests.--Amtrak shall submit grant requests (including a
schedule for the disbursement of funds), consistent with the
requirements of this division, to the Secretary for funds authorized to
be appropriated to the Secretary for the use of Amtrak under sections
101(a), (b), and (c), 102, 219(b), and 302.
(b) Procedures for Grant Requests.--
The [NOTE: Requirements. Deadline. Secretary shall establish
substantive and procedural requirements, including schedules, for grant
requests under this section not later than 30 days after the date of
enactment of this Act and shall transmit copies of such requirements and
schedules to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. As part of those requirements, the
Secretary shall require, at a minimum, that Amtrak deposit grant funds,
consistent with
[[Page 4916]]
122 STAT. 4916
the appropriated amounts for each area of expenditure in a given fiscal
year, in the following 2 accounts:
(1) The Amtrak Operating account.
(2) The Amtrak General Capital account.
Amtrak may not transfer such funds to another account or expend such
funds for any purpose other than the purposes covered by the account in
which the funds are deposited without approval by the Secretary.
(c) Review [NOTE: Deadlines. and Approval.--
(1) 30-day approval process.--The Secretary shall complete
the review of a grant request (including the disbursement
schedule) and approve or disapprove the request within 30 days
after the date on which Amtrak submits the grant request.
If [NOTE: Notification. the Secretary disapproves the request
or determines that the request is incomplete or deficient, the
Secretary shall include the reason for disapproval or the
incomplete items or deficiencies in a notice to Amtrak.
(2) 15-day modification period.--Within 15 days after
receiving notification from the Secretary under the preceding
sentence, Amtrak shall submit a modified request for the
Secretary's review.
(3) Revised requests.--Within 15 days after receiving a
modified request from Amtrak, the Secretary shall either approve
the modified request, or, if the Secretary finds that the
request is still incomplete or deficient, the Secretary shall
identify in writing to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate the
remaining deficiencies and recommend a process for resolving the
outstanding portions of the request.
SEC. 207. [NOTE: 49 USC 24101 note. METRICS AND STANDARDS.
(a) In General.--Within [NOTE: Deadline. 180 days after the date
of enactment of this Act, the Federal Railroad Administration and Amtrak
shall jointly, in consultation with the Surface Transportation Board,
rail carriers over whose rail lines Amtrak trains operate, States,
Amtrak employees, nonprofit employee organizations representing Amtrak
employees, and groups representing Amtrak passengers, as appropriate,
develop new or improve existing metrics and minimum standards for
measuring the performance and service quality of intercity passenger
train operations, including cost recovery, on-time performance and
minutes of delay, ridership, on-board services, stations, facilities,
equipment, and other services. Such metrics, at a minimum, shall include
the percentage of avoidable and fully allocated operating costs covered
by passenger revenues on each route, ridership per train mile operated,
measures of on-time performance and delays incurred by intercity
passenger trains on the rail lines of each rail carrier and, for long-
distance routes, measures of connectivity with other routes in all
regions currently receiving Amtrak service and the transportation needs
of communities and populations that are not well-served by other forms
of intercity transportation. Amtrak shall provide reasonable access to
the Federal Railroad Administration in order to enable the
Administration to carry out its duty under this section.
(b) Quarterly [NOTE: Publication. Reports.--The Administrator of
the Federal Railroad Administration shall collect the necessary data and
publish
[[Page 4917]]
122 STAT. 4917
a quarterly report on the performance and service quality of intercity
passenger train operations, including Amtrak's cost recovery, ridership,
on-time performance and minutes of delay, causes of delay, on-board
services, stations, facilities, equipment, and other services.
(c) Contracts With Host Rail Carriers.--To the extent practicable,
Amtrak and its host rail carriers shall incorporate the metrics and
standards developed under subsection (a) into their access and service
agreements.
(d) Arbitration.--If the development of the metrics and standards is
not completed within the 180-day period required by subsection (a), any
party involved in the development of those standards may petition the
Surface Transportation Board to appoint an arbitrator to assist the
parties in resolving their disputes through binding arbitration.
SEC. 208. [NOTE: Deadlines. 49 USC 24101 note. METHODOLOGIES
FOR AMTRAK ROUTE AND SERVICE PLANNING
DECISIONS.
(a) Methodology Development.--Within [NOTE: Recommenda-
tions. 180 days after the date of enactment of this Act, the Federal
Railroad Administration shall obtain the services of a qualified
independent entity to develop and recommend objective methodologies for
Amtrak to use in determining what intercity passenger routes and
services it will provide, including the establishment of new routes, the
elimination of existing routes, and the contraction or expansion of
services or frequencies over such routes. In developing such
methodologies, the entity shall consider--
(1) the current or expected performance and service quality
of intercity passenger train operations, including cost
recovery, on-time performance and minutes of delay, ridership,
on-board services, stations, facilities, equipment, and other
services;
(2) connectivity of a route with other routes;
(3) the transportation needs of communities and populations
that are not well served by intercity passenger rail service or
by other forms of intercity transportation;
(4) Amtrak's and other major intercity passenger rail
service providers in other countries' methodologies for
determining intercity passenger rail routes and services; and
(5) the views of the States and other interested parties.
(b) Submittal to Congress.--Within 1 year after the date of
enactment of this Act, the entity shall submit recommendations developed
under subsection (a) to Amtrak, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate.
(c) Consideration of Recommendations.--Within 90 days after
receiving the recommendations developed under subsection (a) by the
entity, the Amtrak Board of Directors shall consider the adoption of
those recommendations. The [NOTE: Reports. Board shall transmit a
report to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate explaining its reasons for adopting or not
adopting the recommendations.
SEC. 209. [NOTE: 49 USC 24101 note. STATE-SUPPORTED ROUTES.
(a) In General.--Within [NOTE: Deadline. 2 years after the date
of enactment of this Act, the Amtrak Board of Directors, in consultation
with the Secretary, the governors of each relevant State, and the Mayor
[[Page 4918]]
122 STAT. 4918
of the District of Columbia, or entities representing those officials,
shall develop and implement a single, nationwide standardized
methodology for establishing and allocating the operating and capital
costs among the States and Amtrak associated with trains operated on
each of the routes described in section 24102(5)(B) and (D) and section
24702 that--
(1) [NOTE: Deadline. ensures, within 5 years after the
date of enactment of this Act, equal treatment in the provision
of like services of all States and groups of States (including
the District of Columbia); and
(2) allocates to each route the costs incurred only for the
benefit of that route and a proportionate share, based upon
factors that reasonably reflect relative use, of costs incurred
for the common benefit of more than 1 route.
(b) Revisions.--The Amtrak Board of Directors, in consultation with
the Secretary, the governors of each relevant State, and the Mayor of
the District of Columbia, or entities representing those officials, may
revise or amend the methodology established under subsection (a) as
necessary, consistent with the intent of this section, including
revisions or modifications based on Amtrak's financial accounting system
developed pursuant to section 203 of this division.
(c) Review.--If [NOTE: Deadline. Amtrak and the States (including
the District of Columbia) in which Amtrak operates such routes do not
voluntarily adopt and implement the methodology developed under
subsection (a) in allocating costs and determining compensation for the
provision of service in accordance with the date established therein,
the Surface Transportation Board shall determine the appropriate
methodology required under subsection (a) for such services in
accordance with the procedures and procedural schedule applicable to a
proceeding under section 24904(c) of title 49, United States Code, and
require the full implementation of this methodology with regards to the
provision of such service within 1 year after the Board's determination
of the appropriate methodology.
(d) Use of Chapter 244 Funds.--Funds provided to a State under
chapter 244 of title 49, United States Code, may be used, as provided in
that chapter, to pay capital costs determined in accordance with this
section.
SEC. 210. LONG-DISTANCE ROUTES.
(a) In General.--Chapter 247 is amended by adding at the end thereof
the following:
``Sec. 24710. Long-distance routes
``(a) Annual Evaluation.--Using the financial and performance
metrics developed under section 207 of the Passenger Rail Investment and
Improvement Act of 2008, Amtrak shall--
``(1) evaluate annually the financial and operating
performance of each long-distance passenger rail route operated
by Amtrak; and
``(2) rank the overall performance of such routes for 2008
and identify each long-distance passenger rail route operated by
Amtrak in 2008 according to its overall performance as belonging
to the best performing third of such routes, the second best
performing third of such routes, or the worst performing third
of such routes.
[[Page 4919]]
122 STAT. 4919
``(b) Performance Improvement Plan.--Amtrak [NOTE: Web
site. shall develop and post on its website a performance improvement
plan for its long-distance passenger rail routes to achieve financial
and operating improvements based on the data collected through the
application of the financial and performance metrics developed under
section 207 of that Act. The plan shall address--
``(1) on-time performance;
``(2) scheduling, frequency, routes, and stops;
``(3) the feasibility of restructuring service into
connected corridor service;
``(4) performance-related equipment changes and capital
improvements;
``(5) on-board amenities and service, including food, first
class, and sleeping car service;
``(6) State or other non-Federal financial contributions;
``(7) improving financial performance;
``(8) anticipated Federal funding of operating and capital
costs; and
``(9) other aspects of Amtrak's long-distance passenger rail
routes that affect the financial, competitive, and functional
performance of service on Amtrak's long-distance passenger rail
routes.
``(c) Implementation.--Amtrak shall implement the performance
improvement plan developed under subsection (b)--
``(1) beginning in fiscal year 2010 for those routes
identified as being in the worst performing third under
subsection (a)(2);
``(2) beginning in fiscal year 2011 for those routes
identified as being in the second best performing third under
subsection (a)(2); and
``(3) beginning in fiscal year 2012 for those routes
identified as being in the best performing third under
subsection (a)(2).
``(d) Enforcement.--The Federal Railroad Administration shall
monitor the development, implementation, and outcome of improvement
plans under this section. If the Federal Railroad Administration
determines that Amtrak is not making reasonable progress in implementing
its performance improvement plan or, after the performance improvement
plan is implemented under subsection (c)(1) in accordance with the terms
of that plan, Amtrak has not achieved the outcomes it has established
for such routes, under the plan for any calendar year, the Federal
Railroad Administration--
``(1) shall notify [NOTE: Notification. Amtrak, the
Inspector General of the Department of Transportation, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate of its determination under this
subsection;
``(2) shall provide Amtrak with an opportunity for a hearing
with respect to that determination; and
``(3) may withhold appropriated funds otherwise available to
Amtrak for the operation of a route or routes from among the
worst performing third of routes currently served by Amtrak on
which Amtrak is not making reasonable progress, other than funds
made available for passenger safety or security measures.''.
[[Page 4920]]
122 STAT. 4920
(b) Conforming Amendment.--The chapter analysis for chapter 247 is
amended by inserting after the item relating to section 24709 the
following:
``24710. Long distance routes.''.
SEC. 211. [NOTE: 49 USC 24902 note. NORTHEAST CORRIDOR STATE-
OF-GOOD-REPAIR PLAN.
(a) In [NOTE: Deadline. General.--Within 6 months after the date
of enactment of this Act, Amtrak, in consultation with the Secretary and
the States (including the District of Columbia) that make up the
Northeast Corridor (as defined in section 24102 of title 49, United
States Code), shall prepare a capital spending plan for capital projects
required to return the railroad right-of-way (including track, signals,
and auxiliary structures), facilities, stations, and equipment, of the
Northeast Corridor main line to a state-of-good-repair by the end of
fiscal year 2018, consistent with the funding levels authorized in this
division, and shall submit the plan to the Secretary.
(b) Review [NOTE: Deadlines. and Approval by the Secretary.--
(1) 60-day approval process.--The Secretary shall complete
the review of the capital spending plan and approve or
disapprove the plan within 60 days after the date on which
Amtrak submits the plan. During review, the Secretary may seek
comments from the Commission established under section 24905 of
title 49, United States Code, and other Northeast Corridor users
regarding the plan. If the Secretary disapproves the plan or
determines that the plan is incomplete or deficient, the
Secretary shall include the reason for disapproval or the
incomplete items or deficiencies in a notice to Amtrak.
(2) 15-day modification period.--Within 15 days after
receiving notification from the Secretary under paragraph (1),
Amtrak shall submit a modified plan for the Secretary's review.
(3) Revised requests.--Within 15 days after receiving a
modified plan from Amtrak, the Secretary shall either approve
the modified plan, or, if the Secretary finds that the plan is
still incomplete or deficient, the Secretary shall identify in
writing to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the remaining
deficiencies and recommend a process for resolving the
outstanding portions of the plan.
(c) Plan Updates.--The [NOTE: Deadline. plan shall be updated at
least annually and the Secretary shall review and approve such updates,
in accordance with the procedures described in subsection (b).
(d) Grants.--The Secretary shall make grants to Amtrak with funds
authorized by section 101(c) for Northeast Corridor capital investments
contained within the capital spending plan prepared by Amtrak and
approved by the Secretary.
(e) Oversight.--Using the funds authorized by section 101(d), the
Secretary shall review Amtrak's capital expenditures funded by this
section to ensure that such expenditures are consistent with the capital
spending plan and that Amtrak is providing adequate project management
oversight and fiscal controls.
(f) Eligibility of Expenditures.--The Federal share of expenditures
for capital improvements under this section may not exceed 100 percent.
[[Page 4921]]
122 STAT. 4921
SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS
IMPROVEMENTS.
(a) In General.-- [NOTE: 49 USC 24905. Section 24905 is amended
to read as follows:
``Sec. 24905. Northeast Corridor Infrastructure and Operations
Advisory Commission; Safety Committee
``(a) Northeast Corridor Infrastructure and Operations Advisory
Commission.--
``(1) Within [NOTE: Deadline. Establishment. 180 days
after the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008, the Secretary of Transportation shall
establish a Northeast Corridor Infrastructure and Operations
Advisory Commission (referred to in this section as the
`Commission') to promote mutual cooperation and planning
pertaining to the rail operations and related activities of the
Northeast Corridor. The Commission shall be made up of--
``(A) members representing Amtrak;
``(B) members representing the Department of
Transportation, including the Federal Railroad
Administration;
``(C) 1 member from each of the States (including
the District of Columbia) that constitute the Northeast
Corridor as defined in section 24102, designated by, and
serving at the pleasure of, the chief executive officer
thereof; and
``(D) non-voting representatives of freight railroad
carriers using the Northeast Corridor selected by the
Secretary.
``(2) The Secretary shall ensure that the membership
belonging to any of the groups enumerated under paragraph (1)
shall not constitute a majority of the Commission's memberships.
``(3) [NOTE: Rules. Procedures. The Commission shall
establish a schedule and location for convening meetings, but
shall meet no less than four times per fiscal year, and the
Commission shall develop rules and procedures to govern the
Commission's proceedings.
``(4) A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
``(5) Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5.
``(6) The Chairman of the Commission shall be elected by the
members.
``(7) The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
``(8) Upon request of the Commission, the head of any
department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out its duties
under this section.
``(9) Upon the request of the Commission, the Administrator
of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities
under this section.
``(10) [NOTE: Consultation. The Commission shall consult
with other entities as appropriate.
``(b) Statement of Goals and Recommendations.--
[[Page 4922]]
122 STAT. 4922
``(1) Statement of goals.--The Commission shall develop a
statement of goals concerning the future of Northeast Corridor
rail infrastructure and operations based on achieving expanded
and improved intercity, commuter, and freight rail services
operating with greater safety and reliability, reduced travel
times, increased frequencies and enhanced intermodal connections
designed to address airport and highway congestion, reduce
transportation energy consumption, improve air quality, and
increase economic development of the Northeast Corridor region.
``(2) Recommendations.--The Commission shall develop
recommendations based on the statement developed under this
section addressing, as appropriate--
``(A) short-term and long-term capital investment
needs beyond those specified in the state-of-good-repair
plan under section 211 of the Passenger Rail Investment
and Improvement Act of 2008;
``(B) future funding requirements for capital
improvements and maintenance;
``(C) operational improvements of intercity
passenger rail, commuter rail, and freight rail
services;
``(D) opportunities for additional non-rail uses of
the Northeast Corridor;
``(E) scheduling and dispatching;
``(F) safety and security enhancements;
``(G) equipment design;
``(H) marketing of rail services;
``(I) future capacity requirements; and
``(J) potential funding and financing mechanisms for
projects of corridor-wide significance.
``(c) Access Costs.--
``(1) Development of formula.--Within [NOTE: Deadline. 2
years after the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008, the Commission shall--
``(A) develop a standardized formula for determining
and allocating costs, revenues, and compensation for
Northeast Corridor commuter rail passenger
transportation, as defined in section 24102 of this
title, on the Northeast Corridor main line between
Boston, Massachusetts, and Washington, District of
Columbia, and the Northeast Corridor branch lines
connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York, that use
Amtrak facilities or services or that provide such
facilities or services to Amtrak that ensures that--
``(i) there is no cross-subsidization of
commuter rail passenger, intercity rail passenger,
or freight rail transportation;
``(ii) each service is assigned the costs
incurred only for the benefit of that service, and
a proportionate share, based upon factors that
reasonably reflect relative use, of costs incurred
for the common benefit of more than 1 service; and
``(iii) all financial contributions made by an
operator of a service that benefit an
infrastructure owner other than the operator are
considered, including but not limited to, any
capital infrastructure investments and in-kind
services;
[[Page 4923]]
122 STAT. 4923
``(B) develop a proposed timetable for implementing
the formula before the end of the 6th year following the
date of enactment of that Act;
``(C) transmit the proposed timetable to the Surface
Transportation Board; and
``(D) at the request of a Commission member,
petition the Surface Transportation Board to appoint a
mediator to assist the Commission members through non-
binding mediation to reach an agreement under this
section.
``(2) Implementation.--Amtrak and public authorities
providing commuter rail passenger transportation on the
Northeast Corridor shall implement new agreements for usage of
facilities or services based on the formula proposed in
paragraph (1) in accordance with the timetable established
therein. If the entities fail to implement such new agreements
in accordance with the timetable, the Commission shall petition
the Surface Transportation Board to determine the appropriate
compensation amounts for such services in accordance with
section 24904(c) of this title. The Surface Transportation Board
shall enforce its determination on the party or parties
involved.
``(3) Revisions.--The Commission may make necessary
revisions to the formula developed under paragraph (1),
including revisions based on Amtrak's financial accounting
system developed pursuant to section 203 of the Passenger Rail
Investment and Improvement Act of 2008.
``(d) Transmission of Statement of Goals and Recommendations.--The
Commission shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives--
``(1) the statement of goals developed under subsection (b)
within 1 year after the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008; and
``(2) the recommendations developed under subsection (b) and
the formula and timetable developed under subsection (c)(1)
annually.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission such sums as may be necessary for the
period encompassing fiscal years 2009 through 2013 to carry out this
section.
``(f) Northeast Corridor Safety Committee.--
``(1) In general.--The [NOTE: Establishment. Secretary
shall establish a Northeast Corridor Safety Committee composed
of members appointed by the Secretary. The members shall be
representatives of--
``(A) the Department of Transportation, including
the Federal Railroad Administration;
``(B) Amtrak;
``(C) freight carriers operating more than 150,000
train miles a year on the main line of the Northeast
Corridor;
``(D) commuter rail agencies;
``(E) rail passengers;
``(F) rail labor; and
``(G) other individuals and organizations the
Secretary decides have a significant interest in rail
safety or security.
``(2) Function; meetings.--
The [NOTE: Consultation. Secretary shall consult with the
Committee about safety and security improvements
[[Page 4924]]
122 STAT. 4924
on the Northeast Corridor main line. The Committee shall meet at
least two times per year to consider safety and security matters
on the main line.
``(3) Report.--At the beginning of the first session of each
Congress, the Secretary shall submit a report to the Commission
and to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the status of efforts to
improve safety and security on the Northeast Corridor main line.
The report shall include the safety and security recommendations
of the Committee and the comments of the Secretary on those
recommendations.''.
(b) Conforming Amendments.--(1) The item relating to section 24905
in the table of sections of chapter 249 is amended to read as follows:
``24905. Northeast Corridor Infrastructure and Operations Advisory
Commission; Safety Committee.''.
(2) Section 24904(c)(2) [NOTE: 49 USC 24904. is amended by--
(A) inserting ``commuter rail passenger and'' after
``between''; and
(B) striking ``freight'' in the second sentence.
(c) RIDOT [NOTE: Deadlines. Access Agreement.--
(1) In general.--Not later than July 1, 2009, Amtrak and the
Rhode Island Department of Transportation shall enter into an
agreement governing access fees and other costs or charges
related to the operation of the South County commuter rail
service on the Northeast Corridor between Providence and
Wickford Junction, Rhode Island.
(2) Failure to reach agreement.--If Amtrak and the Rhode
Island Department of Transportation fail to reach the agreement
specified under paragraph (1), the Administrator of the Federal
Railroad Administration shall, after consultation with both
parties, resolve any outstanding disagreements between the
parties, including setting access fees and other costs or
charges related to the operation of the South County commuter
rail service that do not allow for the cross-subsidization of
intercity rail passenger and commuter rail passenger service,
not later than January 1, 2010.
(3) Interim access costs.--Any agreement between Amtrak and
the Rhode Island Department of Transportation relating to access
costs made under this subsection shall be superseded by any
access cost formula developed by the Northeast Corridor
Infrastructure and Operations Advisory Commission under section
24905(c)(1) of title 49, United States Code, as amended by
subsection (a) of this section.
(d) High-Speed Service Study.--
(1) In general.--Amtrak [NOTE: Reports. shall submit a
report detailing the infrastructure and equipment improvements
necessary to provide regular high-speed service--
(A) between Washington, District of Columbia, and
New York, New York, in 2 hours and 30 minutes; and
(B) between New York, New York, and Boston,
Massachusetts, in 3 hours and 15 minutes.
(2) Issues.--The report shall include--
(A) an estimated time frame for achieving the trip
time described in paragraph (1);
[[Page 4925]]
122 STAT. 4925
(B) an analysis of any significant obstacles that
would hinder such an achievement;
(C) a detailed description and cost estimate of the
specific infrastructure and equipment improvements
necessary for such an achievement; and
(D) an initial assessment of the infrastructure and
equipment improvements, including an order of magnitude
cost estimate of such improvements, that would be
necessary to provide regular high-speed service--
(i) between Washington, District of Columbia,
and New York, New York, in 2 hours and 15 minutes;
and
(ii) between New York, New York, and Boston,
Massachusetts, in 3 hours.
(3) Report.--Within 1 year after the date of enactment of
this Act, Amtrak shall submit the report required under this
subsection to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives;
(D) the Committee on Appropriations of the House of
Representatives; and
(E) the Federal Railroad Administration.
(e) Report on Northeast Corridor Economic Development.--Within 2
years after the date of enactment of this Act, the Northeast Corridor
Infrastructure and Operations Advisory Commission shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the role of Amtrak's Northeast
Corridor service between Washington, District of Columbia, and New York,
New York, in the economic development of the Northeast Corridor region.
The report shall examine how to enhance the utilization of the Northeast
Corridor for greater economic development, including improving--
(1) real estate utilization;
(2) improved intercity, commuter, and freight services; and
(3) optimum utility utilization.
SEC. 213. PASSENGER TRAIN PERFORMANCE.
(a) In General.--Section 24308 [NOTE: 49 USC 24308. is amended by
adding at the end the following:
``(f) Passenger Train Performance and Other Standards.--
``(1) Investigation of substandard performance.--If the on-
time performance of any intercity passenger train averages less
than 80 percent for any 2 consecutive calendar quarters, or the
service quality of intercity passenger train operations for
which minimum standards are established under section 207 of the
Passenger Rail Investment and Improvement Act of 2008 fails to
meet those standards for 2 consecutive calendar quarters, the
Surface Transportation Board (referred to in this section as the
`Board') may initiate an investigation, or upon the filing of a
complaint by Amtrak, an intercity passenger rail operator, a
host freight railroad over which Amtrak operates, or an entity
for which Amtrak operates intercity passenger rail service, the
Board shall initiate such an investigation,
[[Page 4926]]
122 STAT. 4926
to determine whether and to what extent delays or failure to
achieve minimum standards are due to causes that could
reasonably be addressed by a rail carrier over whose tracks the
intercity passenger train operates or reasonably addressed by
Amtrak or other intercity passenger rail operators. As part of
its investigation, the Board has authority to review the
accuracy of the train performance data and the extent to which
scheduling and congestion contribute to delays.
In [NOTE: Recommenda- tions. making its determination or
carrying out such an investigation, the Board shall obtain
information from all parties involved and identify reasonable
measures and make recommendations to improve the service,
quality, and on-time performance of the train.
``(2) Problems caused by host rail carrier.--If the Board
determines that delays or failures to achieve minimum standards
investigated under paragraph (1) are attributable to a rail
carrier's failure to provide preference to Amtrak over freight
transportation as required under subsection (c), the Board may
award damages against the host rail carrier, including
prescribing such other relief to Amtrak as it determines to be
reasonable and appropriate pursuant to paragraph (3) of this
subsection.
``(3) Damages and relief.--In awarding damages and
prescribing other relief under this subsection the Board shall
consider such factors as--
``(A) the extent to which Amtrak suffers financial
loss as a result of host rail carrier delays or failure
to achieve minimum standards; and
``(B) what reasonable measures would adequately
deter future actions which may reasonably be expected to
be likely to result in delays to Amtrak on the route
involved.
``(4) Use of damages.--The Board shall, as it deems
appropriate, order the host rail carrier to remit the damages
awarded under this subsection to Amtrak or to an entity for
which Amtrak operates intercity passenger rail service. Such
damages shall be used for capital or operating expenditures on
the routes over which delays or failures to achieve minimum
standards were the result of a rail carrier's failure to provide
preference to Amtrak over freight transportation as determined
in accordance with paragraph (2).''.
(b) Fees.--The [NOTE: 49 USC 24308 note. Surface Transportation
Board may establish and collect filing fees from any entity that files a
complaint under section 24308(f)(1) of title 49, United States Code, or
otherwise requests or requires the Board's services pursuant to this
division. The Board shall establish such fees at levels that will fully
or partially, as the Board determines to be appropriate, offset the
costs of adjudicating complaints under that section and other requests
or requirements for Board action under [NOTE: Waiver authority. this
division. The Board may waive any fee established under this subsection
for any governmental entity as determined appropriate by the Board.
(c) Authorization of Additional Staff.--The Surface Transportation
Board may increase the number of Board employees by up to 15 for the 5
fiscal year period beginning with fiscal year 2009 to carry out its
responsibilities under section 24308 of title 49, United States Code,
and this division.
(d) Change of Reference.--Section 24308 [NOTE: 49 USC 24308. is
amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (a)(2)(A) and inserting ``Surface Transportation
Board'';
[[Page 4927]]
122 STAT. 4927
(2) by striking ``Commission'' each place it appears and
inserting ``Board'';
(3) by striking ``Secretary of Transportation'' in
subsection (c) and inserting ``Board''; and
(4) by striking ``Secretary'' the last 3 places it appears
in subsection (c) and each place it appears in subsections (d)
and (e) and inserting ``Board''.
SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM.
(a) In General.--Chapter 247, as amended by section 210, is amended
by adding at the end thereof the following:
``Sec. 24711. Alternate passenger rail service pilot program
``(a) In General.--Within [NOTE: Deadline. Regulations. 1 year
after the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008, the Federal Railroad Administration shall
complete a rulemaking proceeding to develop a pilot program that--
``(1) permits a rail carrier or rail carriers that own
infrastructure over which Amtrak operates a passenger rail
service route described in subparagraph (B), (C), or (D) of
section 24102(5) or in section 24702 to petition the
Administration to be considered as a passenger rail service
provider over that route in lieu of Amtrak for a period not to
exceed 5 years after the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008;
``(2) [NOTE: Notification. Deadlines. requires the
Administration to notify Amtrak within 30 days after receiving a
petition under paragraph (1) and establish a deadline by which
both the petitioner and Amtrak would be required to submit a bid
to provide passenger rail service over the route to which the
petition relates;
``(3) requires that each bid describe how the bidder would
operate the route, what Amtrak passenger equipment would be
needed, if any, what sources of non-Federal funding the bidder
would use, including any State subsidy, among other things;
``(4) requires the Administration to select winning bidders
by evaluating the bids against the financial and performance
metrics developed under section 207 of the Passenger Rail
Investment and Improvement Act of 2008 and to give preference in
awarding contracts to bidders seeking to operate routes that
have been identified as one of the five worst performing Amtrak
routes under section 24710;
``(5) requires the Administration to execute a contract
within a specified, limited time after the deadline established
under paragraph (2) and award to the winning bidder--
``(A) the right and obligation to provide passenger
rail service over that route subject to such performance
standards as the Administration may require, consistent
with the standards developed under section 207 of the
Passenger Rail Investment and Improvement Act of 2008;
and
``(B) an operating subsidy--
``(i) for the first year at a level not in
excess of the level in effect during the fiscal
year preceding the fiscal year in which the
petition was received, adjusted for inflation;
``(ii) for any subsequent years at such level,
adjusted for inflation; and
[[Page 4928]]
122 STAT. 4928
``(6) requires that each bid contain a staffing plan
describing the number of employees needed to operate the
service, the job assignments and requirements, and the terms of
work for prospective and current employees of the bidder for the
service outlined in the bid, and such staffing plan be made
available by the winning bidder to the public after the bid
award.
``(b) Route Limitations.--The Administration may not make the
program available with respect to more than 2 Amtrak intercity passenger
rail routes.
``(c) Performance Standards; Access to Facilities; Employees.--If
the Administration awards the right and obligation to provide passenger
rail service over a route under the program to a rail carrier or rail
carriers--
``(1) it shall execute a contract with the rail carrier or
rail carriers for rail passenger operations on that route that
conditions the operating and subsidy rights upon--
``(A) the service provider continuing to provide
passenger rail service on the route that is no less
frequent, nor over a shorter distance, than Amtrak
provided on that route before the award; and
``(B) the service provider's compliance with the
minimum standards established under section 207 of the
Passenger Rail Investment and Improvement Act of 2008
and such additional performance standards as the
Administration may establish;
``(2) it shall, if the award is made to a rail carrier other
than Amtrak, require Amtrak to provide access to its reservation
system, stations, and facilities directly related to operations
to any rail carrier or rail carriers awarded a contract under
this section, in accordance with section 217 of that Act,
necessary to carry out the purposes of this section;
``(3) the employees of any person used by a rail carrier or
rail carriers (as defined in section 10102(5) of this title) in
the operation of a route under this section shall be considered
an employee of that carrier or carriers and subject to the
applicable Federal laws and regulations governing similar crafts
or classes of employees of Amtrak, including provisions under
section 121 of the Amtrak Reform and Accountability Act of 1997
relating to employees that provide food and beverage service;
and
``(4) the winning bidder shall provide hiring preference to
qualified Amtrak employees displaced by the award of the bid,
consistent with the staffing plan submitted by the bidder and
shall be subject to the grant conditions under section 24405 of
this title.
``(d) Cessation of Service.--If a rail carrier or rail carriers
awarded a route under this section cease to operate the service or fail
to fulfill their obligations under the contract required under
subsection (c), the Administrator, in collaboration with the Surface
Transportation Board, shall take any necessary action consistent with
this title to enforce the contract and ensure the continued provision of
service, including the installment of an interim service provider and
re-bidding the contract to operate the service. The entity providing
service shall either be Amtrak or a rail carrier defined in subsection
(a)(1).
``(e) Adequate Resources.--Before [NOTE: Certification. taking
any action allowed under this section, the Secretary shall certify that
the Administrator
[[Page 4929]]
122 STAT. 4929
has sufficient resources that are adequate to undertake the program
established under this section.''.
(b) Report.--Within 1 year after the conclusion of the pilot program
established under subsection (a), the Federal Railroad Administration
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results on the pilot
program established under section 24711, and any recommendations for
further action.
(c) Conforming Amendment.--The chapter analysis for chapter 247, as
amended by section 210, is amended by inserting after the item relating
to section 24710 the following:
``24711. Alternate passenger rail service pilot program.''.
SEC. 215. [NOTE: 49 USC 24711 note. EMPLOYEE TRANSITION
ASSISTANCE.
(a) Provision of Financial Incentives.--For Amtrak employees who are
adversely affected by the cessation of the operation of a long-distance
route or any other route under section 24711 of title 49, United States
Code, previously operated by Amtrak, the Secretary shall develop a
program under which the Secretary may, at the Secretary's discretion,
provide grants for financial incentives to be provided to Amtrak
employees who voluntarily terminate their employment with Amtrak and
relinquish any legal rights to receive termination-related payments
under any contractual agreement with Amtrak.
(b) Conditions for Financial Incentives.--
As [NOTE: Certification. a condition for receiving financial
assistance grants under this section, Amtrak must certify that--
(1) a reasonable attempt was made to reassign an employee
adversely affected under section 24711 of title 49, United
States Code, or by the elimination of any route, to other
positions within Amtrak in accordance with any contractual
agreements;
(2) the financial assistance results in a net reduction in
the total number of employees equal to the number receiving
financial incentives;
(3) the financial assistance results in a net reduction in
total employment expense equivalent to the total employment
expenses associated with the employees receiving financial
incentives; and
(4) the total number of employees eligible for termination-
related payments will not be increased without the express
written consent of the Secretary.
(c) Amount of Financial Incentives.--The financial incentives
authorized under this section may be no greater than $100,000 per
employee.
(d) Authorization of Appropriations.--There are hereby authorized to
be appropriated to the Secretary such sums as may be necessary to make
grants to Amtrak to provide financial incentives under subsection (a).
(e) Termination-Related Payments.--If [NOTE: Grants. Amtrak
employees adversely affected by the cessation of Amtrak service
resulting from the awarding of a grant to an operator other than Amtrak
for the operation of a route under section 24711 of title 49, United
States Code, or any other route, previously operated by Amtrak do not
receive financial incentives under subsection (a), then the Secretary
shall make grants to Amtrak from funds authorized by
[[Page 4930]]
122 STAT. 4930
section 101 of this division for termination-related payments to
employees under existing contractual agreements.
SEC. 216. [NOTE: 49 USC 24308 note. SPECIAL PASSENGER TRAINS.
Amtrak is encouraged to increase the operation of special trains
funded by, or in partnership with, private sector operators through
competitive contracting to minimize the need for Federal subsidies.
Amtrak shall utilize the provisions of section 24308 of title 49, United
States Code, when necessary to obtain access to facilities, train and
engine crews, or services of a rail carrier or regional transportation
authority that are required to operate such trains.
SEC. 217. [NOTE: 49 USC 24702 note. ACCESS TO AMTRAK EQUIPMENT
AND SERVICES.
If a State desires to select or selects an entity other than Amtrak
to provide services required for the operation of an intercity passenger
train route described in section 24102(5)(D) or 24702 of title 49,
United States Code, the State may make an agreement with Amtrak to use
facilities and equipment of, or have services provided by, Amtrak under
terms agreed to by the State and Amtrak to enable the State to utilize
an entity other than Amtrak to provide services required for operation
of the route. If [NOTE: Deadline. Order. the parties cannot agree
upon terms, and the Surface Transportation Board finds that access to
Amtrak's facilities or equipment, or the provision of services by
Amtrak, is necessary to carry out this provision and that the operation
of Amtrak's other services will not be impaired thereby, the Surface
Transportation Board shall, within 120 days after submission of the
dispute, issue an order that the facilities and equipment be made
available, and that services be provided, by Amtrak, and shall determine
reasonable compensation, liability, and other terms for use of the
facilities and equipment and provision of the services. Compensation
shall be determined, as appropriate, in accordance with the methodology
established pursuant to section 209 of this division, if available.
SEC. 218. GENERAL AMTRAK PROVISIONS.
(a) Conforming Changes.--
(1) Plan required.--Section 24101(d) [NOTE: 49 USC
24101. is amended--
(A) by striking ``plan to operate within the funding
levels authorized by section 24104 of this chapter,
including the budgetary goals for fiscal years 1998
through 2002.'' and inserting ``plan, consistent with
section 204 of the Passenger Rail Investment and
Improvement Act of 2008, including the budgetary goals
for fiscal years 2009 through 2013.''; and
(B) by striking the last sentence and inserting
``Amtrak and its Board of Directors shall adopt a long-
term plan that minimizes the need for Federal operating
subsidies.''.
(2) Amtrak reform and accountability act amendments.--Title
II of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24101 nt) [NOTE: 49 USC 24101 note. is amended by
striking sections 204 and 205.
(b) Lease [NOTE: 49 USC 24305 note. Arrangements and Other
Purchases.--Amtrak may obtain from the Administrator of General
Services, and the Administrator may provide to Amtrak, services under
sections 502(a) and 602 of title 40, United States Code.
[[Page 4931]]
122 STAT. 4931
SEC. 219. [NOTE: 49 USC 24307 note. STUDY OF COMPLIANCE
REQUIREMENTS AT EXISTING INTERCITY RAIL
STATIONS.
(a) In [NOTE: Evaluation. Deadlines. General.--Amtrak, in
consultation with station owners and other railroads operating service
through the existing stations that it serves, shall evaluate the
improvements necessary to make these stations readily accessible to and
usable by individuals with disabilities, as required by such section
242(e)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C.
12162(e)(2)). The evaluation shall include, for each applicable station,
improvements required to bring it into compliance with the applicable
parts of such section 242(e)(2), any potential barriers to achieving
compliance, including issues related to passenger rail station
platforms, the estimated cost of the improvements necessary, the
identification of the responsible person (as defined in section 241(5)
of that Act (42 U.S.C. 12161(5))), and the earliest practicable date
when such improvements can be made. The [NOTE: Plan. evaluation shall
also include a detailed plan and schedule for bringing all applicable
stations into compliance with the applicable parts of section 242(e)(2)
by the 2010 statutory deadline for station accessibility. Amtrak shall
submit the evaluation to the Committee on Transportation and
Infrastructure of the House of Representatives; the Committee on
Commerce, Science, and Transportation of the Senate; the Department of
Transportation; and the National Council on Disability by February 1,
2009, along with recommendations for funding the necessary improvements.
Should the Department of Transportation issue any rule related to
transportation for individuals with disabilities by intercity passenger
rail after Amtrak submits its evaluation, Amtrak shall, within 120 days
after the date that such rule is published, submit to the above parties
a supplemental evaluation on any impact of the rule on its cost and
schedule for achieving full compliance.
(b) Accessibility Improvements and Barrier Removal for People With
Disabilities.--There [NOTE: Appropriation authorization. are
authorized to be appropriated to the Secretary for the use of Amtrak
such sums as may be necessary to improve the accessibility of
facilities, including rail platforms, and services.
SEC. 220. [NOTE: 49 USC 24307 note. OVERSIGHT OF AMTRAK'S
COMPLIANCE WITH ACCESSIBILITY
REQUIREMENTS.
Using the funds authorized by section 103 of this division, the
Federal Railroad Administration shall monitor and conduct periodic
reviews of Amtrak's compliance with applicable sections of the Americans
with Disabilities Act of 1990 and the Rehabilitation Act of 1974 to
ensure that Amtrak's services and facilities are accessible to
individuals with disabilities to the extent required by law.
SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY.
(a) In General.--Chapter 243 is amended by inserting after section
24309 the following:
``Sec. 24310. Management accountability
``(a) In General.--Within [NOTE: Deadlines. Assessment. 3 years
after the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008, and 2 years thereafter, the Inspector General
of the Department of Transportation shall complete an overall assessment
of the
[[Page 4932]]
122 STAT. 4932
progress made by Amtrak management and the Department of Transportation
in implementing the provisions of that Act.
``(b) Assessment.--The management assessment undertaken by the
Inspector General may include a review of--
``(1) effectiveness in improving annual financial planning;
``(2) effectiveness in implementing improved financial
accounting;
``(3) efforts to implement minimum train performance
standards;
``(4) progress maximizing revenues, minimizing Federal
subsidies, and improving financial results; and
``(5) any other aspect of Amtrak operations the Inspector
General finds appropriate to review.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 is
amended by inserting after the item relating to section 24309 the
following:
``24310. Management accountability.''.
SEC. 222. [NOTE: 49 USC 24101 note. ON-BOARD SERVICE
IMPROVEMENTS.
(a) In General.--Within [NOTE: Deadline. Plan. 1 year after
metrics and standards are established under section 207 of this
division, Amtrak shall develop and implement a plan to improve on-board
service pursuant to the metrics and standards for such service developed
under that section.
(b) Report.--Amtrak shall provide a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the on-board service improvements proscribed in the plan and the
timeline for implementing such improvements.
SEC. 223. INCENTIVE PAY.
The Amtrak Board of Directors is encouraged to develop an incentive
pay program for Amtrak management employees.
SEC. 224. PASSENGER RAIL SERVICE STUDIES.
(a) Intercity Rail Service Studies.--Within [NOTE: Deadline. 1
year after the date of enactment of this Act, Amtrak shall conduct
studies of the following routes:
(1) The Pioneer Route between Seattle and Chicago, which was
operated by Amtrak until 1997, to determine whether to reinstate
passenger rail service along the route or along segments of the
route.
(2) The North Coast Hiawatha Route between Chicago and
Seattle, through southern Montana, which was operated by Amtrak
until 1979, to determine whether to reinstate passenger rail
service along the route or along segments of the route, provided
that such service will not negatively impact existing Amtrak
routes.
(3) Between Cornwells Heights, Pennsylvania, and New York,
New York, to determine whether to expand passenger rail service
by increasing the frequency of stops or reducing commuter ticket
prices for this route.
(4) Between Princeton Junction, New Jersey, and
Philadelphia, Pennsylvania, to determine whether to expand
passenger rail service along the route.
[[Page 4933]]
122 STAT. 4933
(5) Between Harrisburg and Pittsburgh, Pennsylvania, to
determine whether to increase frequency of passenger rail
service along the route or along segments of the route.
(6) The Capitol Limited Route between Cumberland, Maryland,
and Pittsburgh, Pennsylvania, to determine whether to reinstate
a station stop at Rockwood, Pennsylvania.
(b) Assistance.--The Comptroller General of the General
Accountability Office shall, upon request by Amtrak, assist Amtrak in
conducting the studies under subsection (a).
(c) High-Speed Rail Corridor Studies.--(1) The Secretary shall
conduct--
(A) an analysis of the Secretary's December 1, 1998,
extension of the designation of the Southeast High-Speed Rail
Corridor as authorized under section 104(d)(2) of title 23,
United States Code, including an analysis of alternative
routings for the corridor;
(B) a feasibility analysis regarding the expansion of the
South Central High-Speed Rail Corridor--
(i) to Memphis, Tennessee;
(ii) to the Port of Houston, Texas;
(iii) through Killeen, Texas; and
(iv) south of San Antonio, Texas, to a location in
far south Texas to be chosen at the discretion of the
Secretary; and
(C) a feasibility analysis regarding the expansion of the
Keystone Corridor to Cleveland, Ohio.
These analyses shall consider changes that have occurred in the region's
population, anticipated patterns of population growth, connectivity with
other modes of transportation, the ability of the proposed corridor to
reduce regional traffic congestion, and the ability of current and
proposed routings to enhance [NOTE: Deadline. Reports. tourism.
Within 1 year after the date of enactment of this Act, the Secretary
shall submit a report on these analyses to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate,
and shall redesignate or modify corridor designations based on these
analyses, if necessary.
(2) The Secretary shall establish a process for a State or group of
States to petition the Secretary to redesignate or modify any designated
high-speed rail corridors.
SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PASSENGER RAIL
ROUTES.
Within 6 months after the date of the enactment of this Act, the
Inspector General of the Department of Transportation shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(1) describes service delays and the sources of such delays
on--
(A) the Amtrak passenger rail route between Seattle,
Washington, and Los Angeles, California (commonly known
as the ``Coast Starlight''); and
(B) the Amtrak passenger rail route between
Vancouver, British Columbia, Canada, and Eugene, Oregon
(commonly known as ``Amtrak Cascades''); and
[[Page 4934]]
122 STAT. 4934
(2) contains recommendations for improving the on-time
performance of such routes.
SEC. 226. PLAN FOR RESTORATION OF SERVICE.
Within 9 months [NOTE: Deadline. after the date of enactment of
this Act, Amtrak shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a plan for restoring
passenger rail service between New Orleans, Louisiana, and Sanford,
Florida. The plan shall include a projected timeline for restoring such
service, the costs associated with restoring such service, and any
proposals for legislation necessary to support such restoration of
service. In developing the plan, Amtrak shall consult with
representatives from the States of Louisiana, Alabama, Mississippi, and
Florida, railroad carriers whose tracks may be used for such service,
rail passengers, rail labor, and other entities as appropriate.
SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZATION STUDY.
Within [NOTE: Deadline. Reports. 9 months after the date of
enactment of this Act, the Inspector General of the Department of
Transportation shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on Amtrak's
utilization of its equipment maintenance and repair facilities,
including the Beech Grove Mechanical Facility in Indiana. The report
shall include an examination of Amtrak's utilization of its existing
equipment maintenance and repair facilities, the productivity of such
facilities, and the extent to which Amtrak is maximizing opportunities
for utilizing each facility, including the provision of maintenance and
repair to other rail carriers. In [NOTE: Consultation. developing
this report, the Inspector General shall consult with the Inspector
General of Amtrak, Amtrak management, rail labor, and other railroad
carriers, as it deems appropriate.
SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO MAINTAIN
AMTRAK AS A NATIONAL PASSENGER RAIL
SYSTEM.
(a) Findings.--The Congress makes the following findings:
(1) In fiscal year 2007, 3,800,000 passengers traveled on
Amtrak's long-distance trains, an increase of 2.4 percent over
fiscal year 2006.
(2) Amtrak long-distance routes generated $376,000,000 in
revenue in fiscal year 2007, an increase of 5 percent over
fiscal year 2006.
(3) Amtrak operates 15 long-distance trains over 18,500
route miles that serve 39 States and the District of Columbia.
These trains provide the only rail passenger service to 23
States.
(4) Amtrak's long-distance trains provide an essential
transportation service for many communities and to a significant
percentage of the general public.
(5) Many long-distance trains serve small communities with
limited or no significant air or bus service, especially in
remote or isolated areas in the United States.
(6) As a result of airline deregulation and decisions by
national bus carriers to leave many communities, rail
transportation may provide the only feasible common carrier
transportation option for a growing number of areas.
[[Page 4935]]
122 STAT. 4935
(7) If long-distance trains were eliminated, 23 States and
243 communities would be left with no intercity passenger rail
service and 16 other States would lose some rail service. These
trains provide a strong economic benefit for the States and
communities that they serve.
(8) Long-distance trains also provide transportation during
periods of severe weather or emergencies that stall other modes
of transportation.
(9) Amtrak provided the only reliable long-distance
transportation following the September 11, 2001, terrorist
attacks that grounded air travel.
(10) The majority of passengers on long-distance trains do
not travel between the endpoints, but rather between any
combination of cities along the route.
(11) Passenger trains provide transportation options,
mobility for underserved populations, congestion mitigation, and
jobs in the areas they serve.
(12) Passenger rail has a positive impact on the environment
compared to other modes of transportation by conserving energy,
reducing greenhouse gas emissions, and cutting down on other
airborne particulate and toxic emissions.
(13) Amtrak communities that are served use passenger rail
and passenger rail stations as a significant source of economic
development.
(14) This division makes meaningful and important reforms to
increase the efficiency, profitability and on-time performance
of Amtrak's long-distance routes.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) long-distance passenger rail is a vital and necessary
part of our national transportation system and economy; and
(2) Amtrak should maintain a national passenger rail system,
including long-distance routes, that connects the continental
United States from coast to coast and from border to border.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL SERVICE.
(a) In General.--Part C of subtitle V is amended by inserting the
following after chapter 243:
``CHAPTER 244--INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE
``Sec.
``24401. Definitions.
``24402. Capital investment grants to support intercity passenger rail
service.
``24403. Project management oversight.
``24404. Use of capital grants to finance first-dollar liability of
grant project.
``24405. Grant conditions.
``24406. Authorization of appropriations.
``Sec. 24401. Definitions
``In this chapter:
[[Page 4936]]
122 STAT. 4936
``(1) Applicant.--The term `applicant' means a State
(including the District of Columbia), a group of States, an
Interstate Compact, or a public agency established by one or
more States and having responsibility for providing intercity
passenger rail service.
``(2) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under chapter
227 of this title for--
``(A) acquiring, constructing, improving, or
inspecting equipment, track and track structures, or a
facility for use in or for the primary benefit of
intercity passenger rail service, expenses incidental to
the acquisition or construction (including designing,
engineering, location surveying, mapping, environmental
studies, and acquiring rights-of-way), payments for the
capital portions of rail trackage rights agreements,
highway-rail grade crossing improvements related to
intercity passenger rail service, mitigating
environmental impacts, communication and signalization
improvements, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
``(B) rehabilitating, remanufacturing or overhauling
rail rolling stock and facilities used primarily in
intercity passenger rail service;
``(C) costs associated with developing State rail
plans; and
``(D) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail
service under section 24404.
``(3) Intercity passenger rail service.--The term `intercity
passenger rail service' means intercity rail passenger
transportation, as defined in section 24102 of this title.
``Sec. 24402. Capital investment grants to support intercity
passenger rail service
``(a) General Authority.--
``(1) The Secretary of Transportation may make grants under
this section to an applicant to assist in financing the capital
costs of facilities, infrastructure, and equipment necessary to
provide or improve intercity passenger rail transportation.
``(2) [NOTE: Procedures. Consistent with the requirements
of this chapter, the Secretary shall require that a grant under
this section be subject to the terms, conditions, requirements,
and provisions the Secretary decides are necessary or
appropriate for the purposes of this section, including
requirements for the disposition of net increases in value of
real property resulting from the project assisted under this
section and shall prescribe procedures and schedules for the
awarding of grants under this title, including application and
qualification procedures and a record of decision on applicant
eligibility. The
Secretary [NOTE: Regulations. Deadline. shall issue a final
rule establishing such procedures not later than 2 years after
the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008. For [NOTE: Guidance. the period
prior to the earlier of the issuance of such a rule or 2 years
after the date of enactment of such Act, the Secretary shall
issue interim guidance to applicants covering such procedures,
and
[[Page 4937]]
122 STAT. 4937
administer the grant program authorized under this section
pursuant to such guidance.
``(b) Project as Part of State Rail Plan.--
``(1) The Secretary may not approve a grant for a project
under this section unless the Secretary finds that the project
is part of a State rail plan developed under chapter 227 of this
title, or under the plan required by section 211 of the
Passenger Rail Investment and Improvement Act of 2008, and that
the applicant or recipient has or will have the legal,
financial, and technical capacity to carry out the project,
satisfactory continuing control over the use of the equipment or
facilities, and the capability and willingness to maintain the
equipment or facilities.
``(2) An applicant shall provide sufficient information upon
which the Secretary can make the findings required by this
subsection.
``(3) If an applicant has not selected the proposed operator
of its service competitively, the applicant shall provide
written justification to the Secretary showing why the proposed
operator is the best, taking into account price and other
factors, and that use of the proposed operator will not
unnecessarily increase the cost of the project.
``(c) Project Selection Criteria.--The Secretary, in selecting the
recipients of financial assistance to be provided under subsection (a),
shall--
``(1) require--
``(A) that the project be part of a State rail plan
developed under chapter 227 of this title, or under the
plan required by section 211 of the Passenger Rail
Investment and Improvement Act of 2008;
``(B) that the applicant or recipient has or will
have the legal, financial, and technical capacity to
carry out the project, satisfactory continuing control
over the use of the equipment or facilities, and the
capability and willingness to maintain the equipment or
facilities;
``(C) that the applicant provides sufficient
information upon which the Secretary can make the
findings required by this subsection;
``(D) that if an applicant has selected the proposed
operator of its service competitively, that the
applicant provide written justification to the Secretary
showing why the proposed operator is the best, taking
into account costs and other factors;
``(E) that each proposed project meet all safety and
security requirements that are applicable to the project
under law; and
``(F) that each project be compatible with, and
operated in conformance with--
``(i) plans developed pursuant to the
requirements of section 135 of title 23, United
States Code; and
``(ii) the national rail plan (if it is
available);
``(2) select projects--
``(A) that are anticipated to result in significant
improvements to intercity rail passenger service,
including, but not limited to, consideration of--
[[Page 4938]]
122 STAT. 4938
``(i) the project's levels of estimated
ridership, increased on-time performance, reduced
trip time, additional service frequency to meet
anticipated or existing demand, or other
significant service enhancements as measured
against minimum standards developed under section
207 of the Passenger Rail Investment and
Improvement Act of 2008;
``(ii) the project's anticipated favorable
impact on air or highway traffic congestion,
capacity, or safety; and
``(iii) identification of the project by the
Surface Transportation Board as necessary to
improve the on-time performance and reliability of
intercity passenger rail under section 24308(f);
``(B) for which there is a high degree of confidence
that the proposed project is feasible and will result in
the anticipated benefits, as indicated by--
``(i) the project's precommencement compliance
with environmental protection requirements;
``(ii) the readiness of the project to be
commenced;
``(iii) the timing and amount of the project's
future noncommitted investments;
``(iv) the commitment of any affected host
rail carrier to ensure the realization of the
anticipated benefits; and
``(v) other relevant factors as determined by
the Secretary; and
``(C) for which the level of the anticipated
benefits compares favorably to the amount of Federal
funding requested under this chapter; and
``(3) give greater consideration to projects--
``(A) that are anticipated to result in benefits to
other modes transportation and to the public at large,
including, but not limited to, consideration of the
project's--
``(i) encouragement of intermodal connectivity
through provision of direct connections between
train stations, airports, bus terminals, subway
stations, ferry ports, and other modes of
transportation;
``(ii) anticipated improvement of freight or
commuter rail operations;
``(iii) encouragement of the use of positive
train control technologies;
``(iv) environmental benefits, including
projects that involve the purchase of
environmentally sensitive, fuel-efficient, and
cost-effective passenger rail equipment;
``(v) anticipated positive economic and
employment impacts;
``(vi) encouragement of State and private
contributions toward station development, energy
and environmentally efficiency, and economic
benefits; and
``(vii) falling under the description in
section 5302(a)(1)(G) of this title as defined to
support intercity passenger rail service; and
``(B) that incorporate equitable financial
participation in the project's financing, including, but
not limited to, consideration of--
[[Page 4939]]
122 STAT. 4939
``(i) donated property interests or services;
``(ii) financial contributions by freight and
commuter rail carriers commensurate with the
benefit expected to their operations; and
``(iii) financial commitments from host
railroads, non-Federal governmental entities,
nongovernmental entities, and others.
``(d) State Rail Plans.--State rail plans completed before the date
of enactment of the Passenger Rail Investment and Improvement Act of
2008 that substantially meet the requirements of chapter 227 of this
title, as determined by the Secretary pursuant to section 22506 of this
title, shall be deemed by the Secretary to have met the requirements of
subsection (c)(1)(A) of this section.
``(e) Amtrak Eligibility.--To receive a grant under this section,
Amtrak may enter into a cooperative agreement with 1 or more States to
carry out 1 or more projects on a State rail plan's ranked list of rail
capital projects developed under section 22504(a)(5) of this title. For
such a grant, Amtrak may not use Federal funds authorized under section
101(a) or (c) of the Passenger Rail Investment and Improvement Act of
2008 to fulfill the non-Federal share requirements under subsection (g)
of this section.
``(f) Letters of Intent and Early Systems Work Agreements.--
``(1) The Secretary may issue a letter of intent to an
applicant announcing an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of the
Secretary in the project.
``(2) At [NOTE: Deadline. Notification. least 30 days
before issuing a letter under paragraph (1) of this subsection,
the Secretary shall notify in writing the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the House and Senate
Committees on Appropriations of the proposed letter or
agreement. The Secretary shall include with the notification a
copy of the proposed letter or agreement, the criteria used in
subsection (c) for selecting the project for a grant award, and
a description of how the project meets such criteria.
``(3) An obligation or administrative commitment may be made
only when amounts are appropriated. The letter of intent shall
state that the contingent commitment is not an obligation of the
Federal Government, and is subject to the availability of
appropriations under Federal law and to Federal laws in force or
enacted after the date of the contingent commitment.
``(g) Federal Share of Net Project Cost.--
``(1)(A) Based on engineering studies, studies of economic
feasibility, and information on the expected use of equipment or
facilities, the Secretary shall estimate the net project cost.
``(B) A grant for the project shall not exceed 80 percent of
the project net capital cost.
``(C) The Secretary shall give priority in allocating future
obligations and contingent commitments to incur obligations to
grant requests seeking a lower Federal share of the project net
capital cost.
``(2) Up to an additional 20 percent of the required non-
Federal funds may be funded from amounts appropriated to
[[Page 4940]]
122 STAT. 4940
or made available to a department or agency of the Federal
Government that are eligible to be expended for transportation.
``(3) The following amounts, not to exceed $15,000,000 per
fiscal year, shall be available to each applicant as a credit
toward an applicant's matching requirement for a grant awarded
under this section--
``(A) in each of fiscal years 2009, 2010, and 2011--
``(i) 50 percent of the average of amounts
expended in fiscal years 2002 through 2008 by an
applicant for capital projects related to
intercity passenger rail service; and
``(ii) 50 percent of the average of amounts
expended in fiscal years 2002 through 2008 by an
applicant for operating costs of such service; and
``(B) in each of fiscal years 2010, 2011 and 2012,
50 percent of the amount by which the amounts expended
for capital projects and operating costs related to
intercity passenger rail service by an applicant in the
prior fiscal year exceed the average capital and
operating expenditures made for such service in fiscal
years 2006, 2007, and 2008.
The Secretary may require such information as necessary to
verify such expenditures. Credits made available to an applicant
in a fiscal year under this paragraph may only be applied
towards grants awarded in that fiscal year.
``(4) The Federal share of expenditures for capital
improvements under this chapter may not exceed 100 percent.
``(h) 2-Year Availability.--Funds appropriated under this section
shall remain available until expended. If any amount provided as a grant
under this section is not obligated or expended for the purposes
described in subsection (a) within 2 years after the date on which the
State received the grant, such sums shall be returned to the Secretary
for other intercity passenger rail development projects under this
section at the discretion of the Secretary.
``(i) Cooperative Agreements.--
``(1) In general.--A metropolitan planning organization,
State transportation department, or other project sponsor may
enter into an agreement with any public, private, or nonprofit
entity to cooperatively implement any project funded with a
grant under this chapter.
``(2) Forms of participation.--Participation by an entity
under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
locomotive, rail car, vehicle, or other physical asset
associated with the project;
``(B) cost-sharing of any project expense;
``(C) carrying out administration, construction
management, project management, project operation, or
any other management or operational duty associated with
the project; and
``(D) any other form of participation approved by
the Secretary.
``(3) Suballocation.--A State may allocate funds under this
section to any entity described in paragraph (1).
``(j) Special Transportation Circumstances.--In carrying out this
section, the Secretary shall allocate an appropriate portion of the
amounts available under this section to provide grants to States--
[[Page 4941]]
122 STAT. 4941
``(1) in which there is no intercity passenger rail service
for the purpose of funding freight rail capital projects that
are on a State rail plan developed under chapter 227 of this
title that provide public benefits (as defined in chapter 227)
as determined by the Secretary; or
``(2) in which the rail transportation system is not
physically connected to rail systems in the continental United
States or may not otherwise qualify for a grant under this
section due to the unique characteristics of the geography of
that State or other relevant considerations, for the purpose of
funding transportation-related capital projects.
``(k) Small Capital Projects.--The Secretary shall make not less
than 5 percent annually available from the amounts authorized under
section 101(c) of the Passenger Rail Investment and Improvement Act of
2008 beginning in fiscal year 2009 for grants for capital projects
eligible under this section not exceeding $2,000,000, including costs
eligible under section 209(d) of that Act. For [NOTE: Waiver
authority. grants awarded under this subsection, the Secretary may
waive requirements of this section, including state rail plan
requirements, as appropriate.
``(l) Nonmotorized Transportation Access and Storage.--Grants under
this chapter may be used to provide access to rolling stock for
nonmotorized transportation, including bicycles, and recreational
equipment, and to provide storage capacity in trains for such
transportation, equipment, and other luggage, to ensure passenger
safety.
``Sec. 24403. Project management oversight
``(a) Project Management Plan Requirements.--To receive Federal
financial assistance for a major capital project under this chapter, an
applicant must prepare and carry out a project management plan approved
by the Secretary of Transportation. The plan shall provide for--
``(1) adequate recipient staff organization with well-
defined reporting relationships, statements of functional
responsibilities, job descriptions, and job qualifications;
``(2) a budget covering the project management organization,
appropriate consultants, property acquisition, utility
relocation, systems demonstration staff, audits, and
miscellaneous payments the recipient may be prepared to justify;
``(3) a construction schedule for the project;
``(4) a document control procedure and recordkeeping system;
``(5) a change order procedure that includes a documented,
systematic approach to handling the construction change orders;
``(6) organizational structures, management skills, and
staffing levels required throughout the construction phase;
``(7) quality control and quality assurance functions,
procedures, and responsibilities for construction, system
installation, and integration of system components;
``(8) material testing policies and procedures;
``(9) internal plan implementation and reporting
requirements;
``(10) criteria and procedures to be used for testing the
operational system or its major components;
[[Page 4942]]
122 STAT. 4942
``(11) periodic updates of the plan, especially related to
project budget and project schedule, financing, and ridership
estimates; and
``(12) the recipient's commitment to submit periodically a
project budget and project schedule to the Secretary.
``(b) Secretarial Oversight.--
``(1) The Secretary may use no more than 1 percent of
amounts made available in a fiscal year for capital projects
under this chapter to enter into contracts to oversee the
construction of such projects.
``(2) The Secretary may use amounts available under
paragraph (1) of this subsection to make contracts for safety,
procurement, management, and financial compliance reviews and
audits of a recipient of amounts under paragraph (1).
``(3) [NOTE: Payments. The Federal Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(c) Access to Sites and Records.--Each recipient of assistance
under this chapter shall provide the Secretary and a contractor the
Secretary chooses under subsection (b) of this section with access to
the construction sites and records of the recipient when reasonably
necessary.
``Sec. 24404. Use of capital grants to finance first-dollar
liability of grant project
``Notwithstanding the requirements of section 24402 of this chapter,
the Secretary of Transportation may approve the use of a capital
assistance grant under this chapter to fund self-insured retention of
risk for the first tier of liability insurance coverage for rail
passenger service associated with the grant, but the coverage may not
exceed $20,000,000 per occurrence or $20,000,000 in aggregate per year.
``Sec. 24405. Grant conditions
``(a) Buy America.--(1) The Secretary of Transportation may obligate
an amount that may be appropriated to carry out this chapter for a
project only if the steel, iron, and manufactured goods used in the
project are produced in the United States.
``(2) [NOTE: Waiver authority. The Secretary of Transportation
may waive paragraph (1) of this subsection if the Secretary finds that--
``(A) applying paragraph (1) would be inconsistent with the
public interest;
``(B) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably available
amount or are not of a satisfactory quality;
``(C) rolling stock or power train equipment cannot be
bought and delivered in the United States within a reasonable
time; or
``(D) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(3) For purposes of this subsection, in calculating the
components' costs, labor costs involved in final assembly shall not be
included in the calculation.
``(4) If the Secretary determines that it is necessary to waive the
application of paragraph (1) based on a finding under paragraph (2), the
Secretary shall, before the date on which such finding takes effect--
[[Page 4943]]
122 STAT. 4943
``(A) [NOTE: Federal Register, publication. publish in
the Federal Register a detailed written justification as to why
the waiver is needed; and
``(B) [NOTE: Notice. provide notice of such finding and
an opportunity for public comment on such finding for a
reasonable period of time not to exceed 15 days.
``(5) [NOTE: Deadline. Reports. Not later than December 31, 2012,
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on any
waivers granted under paragraph (2).
``(6) The Secretary of Transportation may not make a waiver under
paragraph (2) of this subsection for goods produced in a foreign country
if the Secretary, in consultation with the United States Trade
Representative, decides that the government of that foreign country--
``(A) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
subsection; and
``(B) has violated the agreement by discriminating against
goods to which this subsection applies that are produced in the
United States and to which the agreement applies.
``(7) A person is ineligible to receive a contract or subcontract
made with amounts authorized under this chapter if a court or
department, agency, or instrumentality of the Government decides the
person intentionally--
``(A) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or shipped
to the United States that are used in a project to which this
subsection applies but not produced in the United States; or
``(B) represented that goods described in subparagraph (A)
of this paragraph were produced in the United States.
``(8) The Secretary may not impose any limitation on assistance
provided under this chapter that restricts a State from imposing more
stringent requirements than this subsection on the use of articles,
materials, and supplies mined, produced, or manufactured in foreign
countries in projects carried out with that assistance or restricts a
recipient of that assistance from complying with those State-imposed
requirements.
``(9) The Secretary may allow a manufacturer or supplier of steel,
iron, or manufactured goods to correct after bid opening any
certification of noncompliance or failure to properly complete the
certification (but not including failure to sign the certification)
under this subsection if such manufacturer or supplier attests under
penalty of perjury that such manufacturer or supplier submitted an
incorrect certification as a result of an inadvertent or clerical error.
The burden of establishing inadvertent or clerical error is on the
manufacturer or supplier.
``(10) A party adversely affected by an agency action under this
subsection shall have the right to seek review under section 702 of
title 5.
``(11) [NOTE: Applicability. The requirements of this subsection
shall only apply to projects for which the costs exceed $100,000.
``(b) Operators Deemed Rail Carriers and Employers for Certain
Purposes.--A person that conducts rail operations over rail
infrastructure constructed or improved with funding provided in whole or
in part in a grant made under this chapter shall
[[Page 4944]]
122 STAT. 4944
be considered a rail carrier as defined in section 10102(5) of this
title for purposes of this title and any other statute that adopts that
definition or in which that definition applies, including--
``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.);
``(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
``(3) the Railroad Unemployment Insurance Act (45 U.S.C. 351
et seq.).
``(c) Grant Conditions.--The Secretary shall require as a condition
of making any grant under this chapter for a project that uses rights-
of-way owned by a railroad that--
``(1) a written agreement exist between the applicant and
the railroad regarding such use and ownership, including--
``(A) any compensation for such use;
``(B) assurances regarding the adequacy of
infrastructure capacity to accommodate both existing and
future freight and passenger operations;
``(C) an assurance by the railroad that collective
bargaining agreements with the railroad's employees
(including terms regulating the contracting of work)
will remain in full force and effect according to their
terms for work performed by the railroad on the railroad
transportation corridor; and
``(D) an assurance that an applicant complies with
liability requirements consistent with section 28103 of
this title; and
``(2) the applicant agrees to comply with--
``(A) the standards of section 24312 of this title,
as such section was in effect on September 1, 2003, with
respect to the project in the same manner that Amtrak is
required to comply with those standards for construction
work financed under an agreement made under section
24308(a) of this title; and
``(B) the protective arrangements established under
section 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 836) with
respect to employees affected by actions taken in
connection with the project to be financed in whole or
in part by grants under this chapter.
``(d) Replacement of Existing Intercity Passenger Rail Service.--
``(1) Collective bargaining agreement for intercity
passenger rail projects.--Any entity providing intercity
passenger railroad transportation that begins operations after
the date of enactment of this Act on a project funded in whole
or in part by grants made under this chapter and replaces
intercity rail passenger service that was provided by Amtrak,
unless such service was provided solely by Amtrak to another
entity, as of such date shall enter into an agreement with the
authorized bargaining agent or agents for adversely affected
employees of the predecessor provider that--
``(A) gives each such qualified employee of the
predecessor provider priority in hiring according to the
employee's seniority on the predecessor provider for
each position with the replacing entity that is in the
employee's craft or class and is available within 3
years after the termination of the service being
replaced;
[[Page 4945]]
122 STAT. 4945
``(B) establishes a procedure for notifying such an
employee of such positions;
``(C) establishes a procedure for such an employee
to apply for such positions; and
``(D) establishes rates of pay, rules, and working
conditions.
``(2) Immediate [NOTE: Deadlines. replacement service.--
``(A) Negotiations.--If [NOTE: Notice. the
replacement of preexisting intercity rail passenger
service occurs concurrent with or within a reasonable
time before the commencement of the replacing entity's
rail passenger service, the replacing entity shall give
written notice of its plan to replace existing rail
passenger service to the authorized collective
bargaining agent or agents for the potentially adversely
affected employees of the predecessor provider at least
90 days before the date on which it plans to commence
service. Within 5 days after the date of receipt of such
written notice, negotiations between the replacing
entity and the collective bargaining agent or agents for
the employees of the predecessor provider shall commence
for the purpose of reaching agreement with respect to
all matters set forth in subparagraphs (A) through (D)
of paragraph (1). The negotiations shall continue for 30
days or until an agreement is reached, whichever is
sooner. If at the end of 30 days the parties have not
entered into an agreement with respect to all such
matters, the unresolved issues shall be submitted for
arbitration in accordance with the procedure set forth
in subparagraph (B).
``(B) Arbitration.--If an agreement has not been
entered into with respect to all matters set forth in
subparagraphs (A) through (D) of paragraph (1) as
described in subparagraph (A) of this paragraph, the
parties shall select an arbitrator.
If [NOTE: Notification. Lists. the parties are unable
to agree upon the selection of such arbitrator within 5
days, either or both parties shall notify the National
Mediation Board, which shall provide a list of seven
arbitrators with experience in arbitrating rail labor
protection disputes. Within 5 days after such
notification, the parties shall alternately strike names
from the list until only 1 name remains, and that person
shall serve as the neutral arbitrator. Within 45 days
after selection of the arbitrator, the arbitrator shall
conduct a hearing on the dispute and shall render a
decision with respect to the unresolved issues among the
matters set forth in subparagraphs (A) through (D) of
paragraph (1). The arbitrator shall be guided by
prevailing national standard rates of pay, benefits, and
working conditions for comparable work. This decision
shall be final, binding, and conclusive upon the
parties. The salary and expenses of the arbitrator shall
be borne equally by the parties; all other expenses
shall be paid by the party incurring them.
``(3) Service commencement.--A replacing entity under this
subsection shall commence service only after an agreement is
entered into with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1) or the decision
of the arbitrator has been rendered.
[[Page 4946]]
122 STAT. 4946
``(4) Subsequent replacement of service.--
If [NOTE: Contracts. the replacement of existing rail
passenger service takes place within 3 years after the replacing
entity commences intercity passenger rail service, the replacing
entity and the collective bargaining agent or agents for the
adversely affected employees of the predecessor provider shall
enter into an agreement with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1).
If [NOTE: Deadlines. the parties have not entered into an
agreement with respect to all such matters within 60 days after
the date on which the replacing entity replaces the predecessor
provider, the parties shall select an arbitrator using the
procedures set forth in paragraph (2)(B), who shall, within 20
days after the commencement of the arbitration, conduct a
hearing and decide all unresolved issues. This decision shall be
final, binding, and conclusive upon the parties.
``(e) Inapplicability to Certain Rail Operations.--Nothing in this
section applies to--
``(1) commuter rail passenger transportation (as defined in
section 24102(4) of this title) operations of a State or local
government authority (as those terms are defined in section
5302(11) and (6), respectively, of this title) eligible to
receive financial assistance under section 5307 of this title,
or to its contractor performing services in connection with
commuter rail passenger operations (as so defined);
``(2) the Alaska Railroad or its contractors; or
``(3) Amtrak's access rights to railroad rights of way and
facilities under current law.
``(f) Limitation.--No grants shall be provided under this chapter
for commuter rail passenger transportation, as defined in section
24102(4) of this title.
``Sec. 24406. Authorization of appropriations
``There are authorized to be appropriated to the Secretary of
Transportation for capital grants under this chapter the following
amounts:
``(1) For fiscal year 2009, $100,000,000.
``(2) For fiscal year 2010, $300,000,000.
``(3) For fiscal year 2011, $400,000,000.
``(4) For fiscal year 2012, $500,000,000.
``(5) For fiscal year 2013, $600,000,000.''.
(b) Conforming Amendment.--The chapter analysis for subtitle V is
amended by inserting the following after the item relating to chapter
243:
``244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE......................................................24401''.
(c) Assistance.--In [NOTE: 49 USC 24405 note. implementing
section 24405(a) of title 49, United States Code, the Federal Highway
Administration shall, upon request by the Federal Railroad
Administration, assist the Federal Railroad Administration in developing
a process for posting on its website or distributing via email notices
of waiver requests received pursuant to such subsection and soliciting
public comments on the intent to issue a waiver. The Federal Railroad
Administration's development of such a process does not relieve the
Federal Railroad Administration of the requirements under paragraph (4)
of such subsection.
[[Page 4947]]
122 STAT. 4947
SEC. 302. CONGESTION GRANTS.
(a) Amendment.--Chapter 241 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 24105. Congestion grants
``(a) Authority.--The Secretary of Transportation may make grants to
States, or to Amtrak in cooperation with States, for financing the
capital costs of facilities, infrastructure, and equipment for high
priority rail corridor projects necessary to reduce congestion or
facilitate ridership growth in intercity rail passenger transportation.
``(b) Eligible Projects.--Projects eligible for grants under this
section include projects--
``(1) identified by Amtrak as necessary to reduce congestion
or facilitate ridership growth in intercity rail passenger
transportation along heavily traveled rail corridors;
``(2) identified by the Surface Transportation Board as
necessary to improve the on time performance and reliability of
intercity rail passenger transportation under section 24308(f);
and
``(3) designated by the Secretary as being sufficiently
advanced in development to be capable of serving the purposes
described in subsection (a) on an expedited schedule.
``(c) Federal Share.--The Federal share of the cost of a project
financed under this section shall not exceed 80 percent.
``(d) Grant Conditions.--The Secretary of Transportation shall
require each recipient of a grant under this section to comply with the
grant requirements of section 24405 of this title.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated, from amounts made available under section 301 of the
Passenger Rail Investment and Improvement Act of 2008, to the Secretary
to carry out this section--
``(1) $50,000,000 for fiscal year 2010;
``(2) $75,000,000 for fiscal year 2011;
``(3) $100,000,000 for fiscal year 2012; and
``(4) $100,000,000 for fiscal year 2013.''.
(b) Table of Sections Amendment.--The table of sections for such
chapter 241 is amended by adding at the end the following new item:
``24105. Congestion grants.''.
SEC. 303. STATE RAIL PLANS.
(a) In General.--Part B of subtitle V is amended by adding at the
end the following:
``CHAPTER 227--STATE RAIL PLANS
``Sec.
``22701. Definitions.
``22702. Authority.
``22703. Purposes.
``22704. Transparency; coordination; review.
``22705. Content.
``22706. Review.
``Sec. 22701. Definitions
``In this subchapter:
``(1) Private benefit.--
[[Page 4948]]
122 STAT. 4948
``(A) In general.--The term `private benefit'--
``(i) means a benefit accrued to a person or
private entity, other than Amtrak, that directly
improves the economic and competitive condition of
that person or entity through improved assets,
cost reductions, service improvements, or any
other means as defined by the Secretary; and
``(ii) shall be determined on a project-by-
project basis, based upon an agreement between the
parties.
``(B) Consultation.--The Secretary may seek the
advice of the States and rail carriers in further
defining this term.
``(2) Public benefit.--
``(A) In general.--The term `public benefit'--
``(i) means a benefit accrued to the public,
including Amtrak, in the form of enhanced mobility
of people or goods, environmental protection or
enhancement, congestion mitigation, enhanced trade
and economic development, improved air quality or
land use, more efficient energy use, enhanced
public safety or security, reduction of public
expenditures due to improved transportation
efficiency or infrastructure preservation, and any
other positive community effects as defined by the
Secretary; and
``(ii) shall be determined on a project-by-
project basis, based upon an agreement between the
parties.
``(B) Consultation.--The Secretary may seek the
advice of the States and rail carriers in further
defining this term.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia.
``(4) State rail transportation authority.--The term `State
rail transportation authority' means the State agency or
official responsible under the direction of the Governor of the
State or a State law for preparation, maintenance, coordination,
and administration of the State rail plan.
``Sec. 22702. Authority
``(a) In General.--Each State may prepare and maintain a State rail
plan in accordance with the provisions of this chapter.
``(b) Requirements.--The Secretary shall establish the minimum
requirements for the preparation and periodic revision of a State rail
plan, including that a State shall--
``(1) establish or designate a State rail transportation
authority to prepare, maintain, coordinate, and administer the
plan;
``(2) establish or designate a State rail plan approval
authority to approve the plan;
``(3) submit the State's approved plan to the Secretary of
Transportation for review; and
``(4) revise and resubmit a State-approved plan no less
frequently than once every 5 years for reapproval by the
Secretary.
``Sec. 22703. Purposes
``(a) Purposes.--The purposes of a State rail plan are as follows:
[[Page 4949]]
122 STAT. 4949
``(1) To set forth State policy involving freight and
passenger rail transportation, including commuter rail
operations, in the State.
``(2) To establish the period covered by the State rail
plan.
``(3) To present priorities and strategies to enhance rail
service in the State that benefits the public.
``(4) To serve as the basis for Federal and State rail
investments within the State.
``(b) Coordination.--A State rail plan shall be coordinated with
other State transportation planning goals and programs, including the
plan required under section 135 of title 23, and set forth rail
transportation's role within the State transportation system.
``Sec. 22704. Transparency; coordination; review
``(a) Preparation.--A [NOTE: Notice. State shall provide adequate
and reasonable notice and opportunity for comment and other input to the
public, rail carriers, commuter and transit authorities operating in, or
affected by rail operations within the State, units of local government,
and other interested parties in the preparation and review of its State
rail plan.
``(b) Intergovernmental Coordination.--A State shall review the
freight and passenger rail service activities and initiatives by
regional planning agencies, regional transportation authorities, and
municipalities within the State, or in the region in which the State is
located, while preparing the plan, and shall include any recommendations
made by such agencies, authorities, and municipalities as deemed
appropriate by the State.
``Sec. 22705. Content
``(a) In General.--Each State rail plan shall, at a minimum, contain
the following:
``(1) An inventory of the existing overall rail
transportation system and rail services and facilities within
the State and an analysis of the role of rail transportation
within the State's surface transportation system.
``(2) A review of all rail lines within the State, including
proposed high-speed rail corridors and significant rail line
segments not currently in service.
``(3) A statement of the State's passenger rail service
objectives, including minimum service levels, for rail
transportation routes in the State.
``(4) A general analysis of rail's transportation, economic,
and environmental impacts in the State, including congestion
mitigation, trade and economic development, air quality, land-
use, energy-use, and community impacts.
``(5) A long-range rail investment program for current and
future freight and passenger infrastructure in the State that
meets the requirements of subsection (b).
``(6) A statement of public financing issues for rail
projects and service in the State, including a list of current
and prospective public capital and operating funding resources,
public subsidies, State taxation, and other financial policies
relating to rail infrastructure development.
``(7) An identification of rail infrastructure issues within
the State that reflects consultation with all relevant
stakeholders.
[[Page 4950]]
122 STAT. 4950
``(8) A review of major passenger and freight intermodal
rail connections and facilities within the State, including
seaports, and prioritized options to maximize service
integration and efficiency between rail and other modes of
transportation within the State.
``(9) A review of publicly funded projects within the State
to improve rail transportation safety and security, including
all major projects funded under section 130 of title 23.
``(10) A performance evaluation of passenger rail services
operating in the State, including possible improvements in those
services, and a description of strategies to achieve those
improvements.
``(11) A compilation of studies and reports on high-speed
rail corridor development within the State not included in a
previous plan under this subchapter, and a plan for funding any
recommended development of such corridors in the State.
``(12) A statement that the State is in compliance with the
requirements of section 22102.
``(b) Long-Range Service and Investment Program.--
``(1) Program content.--A long-range rail investment program
included in a State rail plan under subsection (a)(5) shall, at
a minimum, include the following matters:
``(A) A list of any rail capital projects expected
to be undertaken or supported in whole or in part by the
State.
``(B) A detailed funding plan for those projects.
``(2) Project list content.--The list of rail capital
projects shall contain--
``(A) a description of the anticipated public and
private benefits of each such project; and
``(B) a statement of the correlation between--
``(i) public funding contributions for the
projects; and
``(ii) the public benefits.
``(3) Considerations for project list.--In preparing the
list of freight and intercity passenger rail capital projects, a
State rail transportation authority should take into
consideration the following matters:
``(A) Contributions made by non-Federal and non-
State sources through user fees, matching funds, or
other private capital involvement.
``(B) Rail capacity and congestion effects.
``(C) Effects on highway, aviation, and maritime
capacity, congestion, or safety.
``(D) Regional balance.
``(E) Environmental impact.
``(F) Economic and employment impacts.
``(G) Projected ridership and other service measures
for passenger rail projects.
``Sec. 22706. Review
``The [NOTE: Procedures. Secretary shall prescribe procedures for
States to submit State rail plans for review under this title, including
standardized format and data requirements. State rail plans completed
before the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008 that substantially meet the requirements of this
chapter, as determined by the Secretary, shall be deemed by the
Secretary to have met the requirements of this chapter.''.
[[Page 4951]]
122 STAT. 4951
(b) Conforming Amendment.--The chapter analysis for subtitle V is
amended by inserting the following after the item relating to chapter
223:
``227. State rail plans........................................22701''.
SEC. 304. [NOTE: Maryland. TUNNEL PROJECT.
(a) New [NOTE: Deadline. Tunnel Alignment and Environmental
Review.--Not later than September 30, 2013, the Federal Railroad
Administration, working with Amtrak, the Surface Transportation Board,
the City of Baltimore, the State of Maryland, and rail operators
described in subsection (b), as appropriate, shall--
(1) select and approve, as applicable, a new rail tunnel
alignment in Baltimore that will permit an increase in train
speed and service reliability; and
(2) ensure completion of the related environmental review
process.
(b) Affected Rail Operators.--Rail operators other than Amtrak may
participate in activities described in subsection (a) to the extent that
they can demonstrate the intention and ability to contribute to the
construction of the new tunnel.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $60,000,000
for the period encompassing fiscal years 2009 through 2013.
SEC. 305. [NOTE: 49 USC 24101 note. NEXT GENERATION CORRIDOR
TRAIN EQUIPMENT POOL.
(a) In General.--Within [NOTE: Deadline. Establishment. 180 days
after the date of enactment of this Act, Amtrak shall establish a Next
Generation Corridor Equipment Pool Committee, comprised of
representatives of Amtrak, the Federal Railroad Administration, host
freight railroad companies, passenger railroad equipment manufacturers,
interested States, and, as appropriate, other passenger railroad
operators. The purpose of the Committee shall be to design, develop
specifications for, and procure standardized next-generation corridor
equipment.
(b) Functions.--The Committee may--
(1) determine the number of different types of equipment
required, taking into account variations in operational needs
and corridor infrastructure;
(2) establish a pool of equipment to be used on corridor
routes funded by participating States; and
(3) subject to agreements between Amtrak and States, utilize
services provided by Amtrak to design, maintain and
remanufacture equipment.
(c) Cooperative Agreements.--Amtrak and States participating in the
Committee may enter into agreements for the funding, procurement,
remanufacture, ownership, and management of corridor equipment,
including equipment currently owned or leased by Amtrak and next-
generation corridor equipment acquired as a result of the Committee's
actions, and may establish a corporation, which may be owned or jointly-
owned by Amtrak, participating States, or other entities, to perform
these functions.
(d) Funding.--In addition to the authorizations provided in this
section, capital projects to carry out the purposes of this section
shall be eligible for grants made pursuant to chapter 244 of title 49,
United States Code.
[[Page 4952]]
122 STAT. 4952
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $5,000,000 for fiscal year 2010, to remain
available until expended, for grants to Amtrak and States participating
in the Next Generation Corridor Train Equipment Pool Committee
established under this section for the purpose of designing, developing
specifications for, and initiating the procurement of an initial order
of 1 or more types of standardized next-generation corridor train
equipment and establishing a jointly-owned corporation to manage that
equipment.
SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM.
(a) Establishment and Content.--Chapter 249 is amended by adding at
the end the following:
``Sec. 24910. Rail cooperative research program
``(a) In General.--The Secretary shall establish and carry out a
rail cooperative research program. The program shall--
``(1) address, among other matters, intercity rail passenger
and freight rail services, including existing rail passenger and
freight technologies and speeds, incrementally enhanced rail
systems and infrastructure, and new high-speed wheel-on-rail
systems;
``(2) address ways to expand the transportation of
international trade traffic by rail, enhance the efficiency of
intermodal interchange at ports and other intermodal terminals,
and increase capacity and availability of rail service for
seasonal freight needs;
``(3) consider research on the interconnectedness of
commuter rail, passenger rail, freight rail, and other rail
networks; and
``(4) give consideration to regional concerns regarding rail
passenger and freight transportation, including meeting research
needs common to designated high-speed corridors, long-distance
rail services, and regional intercity rail corridors, projects,
and entities.
``(b) Content.--The program to be carried out under this section
shall include research designed--
``(1) to identify the unique aspects and attributes of rail
passenger and freight service;
``(2) to develop more accurate models for evaluating the
impact of rail passenger and freight service, including the
effects on highway and airport and airway congestion,
environmental quality, and energy consumption;
``(3) to develop a better understanding of modal choice as
it affects rail passenger and freight transportation, including
development of better models to predict utilization;
``(4) to recommend priorities for technology demonstration
and development;
``(5) to meet additional priorities as determined by the
advisory board established under subsection (c), including any
recommendations made by the National Research Council;
``(6) to explore improvements in management, financing, and
institutional structures;
``(7) to address rail capacity constraints that affect
passenger and freight rail service through a wide variety of
options,
[[Page 4953]]
122 STAT. 4953
ranging from operating improvements to dedicated new
infrastructure, taking into account the impact of such options
on operations;
``(8) to improve maintenance, operations, customer service,
or other aspects of intercity rail passenger and freight
service;
``(9) to recommend objective methodologies for determining
intercity passenger rail routes and services, including the
establishment of new routes, the elimination of existing routes,
and the contraction or expansion of services or frequencies over
such routes;
``(10) to review the impact of equipment and operational
safety standards on the further development of high-speed
passenger rail operations connected to or integrated with non-
high-speed freight or passenger rail operations;
``(11) to recommend any legislative or regulatory changes
necessary to foster further development and implementation of
high-speed passenger rail operations while ensuring the safety
of such operations that are connected to or integrated with non-
high-speed freight or passenger rail operations;
``(12) to review rail crossing safety improvements,
including improvements using new safety technology; and
``(13) to review and develop technology designed to reduce
train horn noise and its effect on communities, including
broadband horn technology.
``(c) Advisory Board.--
``(1) Establishment.--In consultation with the heads of
appropriate Federal departments and agencies, the Secretary
shall establish an advisory board to recommend research,
technology, and technology transfer activities related to rail
passenger and freight transportation.
``(2) Membership.--The advisory board shall include--
``(A) representatives of State transportation
agencies;
``(B) transportation and environmental economists,
scientists, and engineers; and
``(C) representatives of Amtrak, the Alaska
Railroad, freight railroads, transit operating agencies,
intercity rail passenger agencies, railway labor
organizations, and environmental organizations.
``(d) National Academy of Sciences.--The Secretary may make grants
to, and enter into cooperative agreements with, the National Academy of
Sciences to carry out such activities relating to the research,
technology, and technology transfer activities described in subsection
(b) as the Secretary deems appropriate.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $5,000,000 for each of
fiscal years 2010 through 2013 for carrying out this section.''.
(b) Clerical Amendment.--The chapter analysis for chapter 249 is
amended by adding at the end the following:
``24910. Rail cooperative research program.''.
SEC. 307. FEDERAL RAIL POLICY.
Section 103 [NOTE: 49 USC 103. is amended--
(1) by inserting ``In General.--'' before ``The Federal'' in
subsection (a);
(2) by striking the second and third sentences of subsection
(a);
[[Page 4954]]
122 STAT. 4954
(3) by inserting after subsection (a) the following:
``(b) Safety.--To carry out all railroad safety laws of the United
States, the Administration is divided on a geographical basis into at
least 8 safety offices. The Secretary of Transportation is responsible
for all acts taken under those laws and for ensuring that the laws are
uniformly administered and enforced among the safety offices.''; and
(4) by adding at the end the following:
``(j) Additional Duties of the Administrator.--The Administrator
shall--
``(1) provide assistance to States in developing State rail
plans prepared under chapter 227 and review all State rail plans
submitted under that section;
``(2) develop a long-range national rail plan that is
consistent with approved State rail plans and the rail needs of
the Nation, as determined by the Secretary in order to promote
an integrated, cohesive, efficient, and optimized national rail
system for the movement of goods and people;
``(3) develop a preliminary national rail plan within a year
after the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008;
``(4) develop and enhance partnerships with the freight and
passenger railroad industry, States, and the public concerning
rail development;
``(5) support rail intermodal development and high-speed
rail development, including high speed rail planning;
``(6) ensure that programs and initiatives developed under
this section benefit the public and work toward achieving
regional and national transportation goals; and
``(7) facilitate and coordinate efforts to assist freight
and passenger rail carriers, transit agencies and authorities,
municipalities, and States in passenger-freight service
integration on shared rights of way by providing neutral
assistance at the joint request of affected rail service
providers and infrastructure owners relating to operations and
capacity analysis, capital requirements, operating costs, and
other research and planning related to corridors shared by
passenger or commuter rail service and freight rail operations.
``(k) Performance Goals and Reports.--
``(1) Performance goals.--In conjunction with the objectives
established and activities undertaken under subsection (j) of
this section, the Administrator shall develop a schedule for
achieving specific, measurable performance goals.
``(2) Resource needs.--The strategy and annual plans shall
include estimates of the funds and staff resources needed to
accomplish each goal and the additional duties required under
subsection (j).
``(3) Submission [NOTE: Effective date. with president's
budget.--Beginning with fiscal year 2010 and each fiscal year
thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, at the same time as the
President's budget submission, the Administration's performance
goals and schedule developed under paragraph (1), including an
assessment of the progress of the Administration toward
achieving its performance goals.''.
[[Page 4955]]
122 STAT. 4955
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. COMMUTER RAIL MEDIATION.
(a) Amendment.--Part E of subtitle V is amended by adding at the end
the following:
``CHAPTER 285--COMMUTER RAIL MEDIATION
``Sec.
``28501. Definitions
``28502. Surface Transportation Board mediation of trackage use
requests.
``28503. Surface Transportation Board mediation of rights-of-way use
requests.
``28504. Applicability of other laws.
``28505. Rules and regulations.
``Sec. 28501. Definitions
``In this chapter--
``(1) the term `Board' means the Surface Transportation
Board;
``(2) the term `capital work' means maintenance,
restoration, reconstruction, capacity enhancement, or
rehabilitation work on trackage that would be treated, in
accordance with generally accepted accounting principles, as a
capital item rather than an expense;
``(3) the term `commuter rail passenger transportation' has
the meaning given that term in section 24102;
``(4) the term `public transportation authority' means a
local governmental authority (as defined in section 5302(a)(6))
established to provide, or make a contract providing for,
commuter rail passenger transportation;
``(5) the term `rail carrier' means a person, other than a
governmental authority, providing common carrier railroad
transportation for compensation subject to the jurisdiction of
the Board under chapter 105;
``(6) the term `segregated fixed guideway facility' means a
fixed guideway facility constructed within the railroad right-
of-way of a rail carrier but physically separate from trackage,
including relocated trackage, within the right-of-way used by a
rail carrier for freight transportation purposes; and
``(7) the term `trackage' means a railroad line of a rail
carrier, including a spur, industrial, team, switching, side,
yard, or station track, and a facility of a rail carrier.
``Sec. 28502. Surface Transportation Board mediation of trackage
use requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail carrier to
use trackage of, and have related services provided by, the rail carrier
for purposes of commuter rail passenger transportation, the public
transportation authority or the rail carrier may apply to the Board for
nonbinding mediation. The Board shall conduct the nonbinding mediation
in accordance with the mediation process of section 1109.4 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this section.
[[Page 4956]]
122 STAT. 4956
``Sec. 28503. Surface Transportation Board mediation of rights-of-
way use requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail carrier to
acquire an interest in a railroad right-of-way for the construction and
operation of a segregated fixed guideway facility to provide commuter
rail passenger transportation, the public transportation authority or
the rail carrier may apply to the Board for nonbinding mediation. The
Board shall conduct the nonbinding mediation in accordance with the
mediation process of section 1109.4 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this section.
``Sec. 28504. Applicability of other laws
``Nothing in this chapter shall be construed to limit a rail
transportation provider's right under section 28103(b) to enter into
contracts that allocate financial responsibility for claims.
``Sec. 28505. Rules and regulations
``Within [NOTE: Deadline. 1 year after the date of enactment of
this section, the Board shall issue such rules and regulations as may be
necessary to carry out this chapter.''.
(b) Clerical Amendment.--The table of chapters of such subtitle is
amended by adding after the item relating to chapter 283 the following:
``285. COMMUTER RAIL MEDIATION..................................28501''.
SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK.
Amtrak, commuter rail entities, regional and State public
transportation authorities, and freight railroad carriers are encouraged
to engage in good faith discussions with respect to the routing and
timing of trains to efficiently move a maximum number of commuter,
intercity, and regional rail passengers, particularly during the peak
times of commuter usage.
SEC. 403. SENSE OF CONGRESS REGARDING COMMUTER RAIL EXPANSION.
(a) Findings.--The Congress find the following:
(1) In 2006, Americans took 10.1 billion trips on public
transportation for the first time since 1949.
(2) The Northeast region is one of the Nation's largest
emerging transportation ``megaregions'' where infrastructure
expansion and improvements are most needed.
(3) New England's road traffic has increased two to three
times faster than its population since 1990.
(4) Connecticut has one of the Nation's longest average
commute times according to the United States Census Bureau, and
80 percent of Connecticut commuters drive by themselves to work,
demonstrating the need for expanded commuter rail access.
(5) The Connecticut Department of Transportation has pledged
to modernize, repair, and strengthen the rail line
infrastructure to provide for increased safety and security
along a crucial transportation corridor in the Northeast.
(6) Expanded New Haven-Springfield rail service would
improve access to Bradley International Airport, one the
region's busiest airports, as well as to Hartford, Connecticut,
[[Page 4957]]
122 STAT. 4957
and Springfield, Massachusetts, two of the region's commercial,
residential, and industrial centers.
(7) Expanded commuter rail service on the New Haven-
Springfield line could result in an estimated 630,000 additional
trips per year and 2,215,384 passenger miles per year, helping
to curb pollution and greenhouse gas emissions from road vehicle
traffic.
(8) The MetroNorth New Haven Line and Shore Line East
railways saw respective 3.43 percent and 4.93 percent increases
in ridership over the course of 2007, demonstrating the need for
expanded commuter rail service in Connecticut.
(9) Expanded New Haven-Springfield commuter rail service
could provide transportation nearly 17 times more efficient in
terms of average mileage versus road vehicles, alleviating road
congestion and providing a significant savings to consumers
during a time of high gas prices.
(b) Sense of Congress.--It is the sense of the Congress that
expanded commuter rail service on the rail line between New Haven,
Connecticut, and Springfield, Massachusetts, is an important
transportation priority, and Amtrak should work cooperatively with the
States of Connecticut and Massachusetts to enable expanded commuter rail
service on such line.
(c) Infrastructure Maintenance Report.--Amtrak shall submit a report
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and to the State Departments of
Transportation of Connecticut and Massachusetts, on the total cost of
uncompleted infrastructure maintenance on the rail line between New
Haven, Connecticut, and Springfield, Massachusetts.
SEC. 404. LOCOMOTIVE BIOFUEL STUDY.
(a) In General.--The Secretary, in consultation with the Secretary
of Energy and the Administrator of the Environmental Protection Agency,
shall conduct a study to determine the extent to which freight
railroads, Amtrak, and other passenger rail operators could use biofuel
blends to power locomotives and other vehicles that can operate on
diesel fuel, as appropriate.
(b) Definition.--In this section, the term ``biofuel'' has the
meaning given such term by section 9001 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8101).
(c) Factors.--In conducting the study, the Secretary shall
consider--
(1) the energy intensity of various biofuel blends compared
to diesel fuel;
(2) environmental and energy effects of using various
biofuel blends compared to diesel fuel, including emission
effects;
(3) the cost of purchasing biofuel blends;
(4) whether sufficient biofuel is readily available;
(5) any public benefits derived from the use of such fuels;
and
(6) the effect of biofuel use on locomotive and other
vehicle performance and warranty specifications.
(d) Locomotive Testing.--As part of the study, the Secretary shall
test locomotive engine performance and emissions using blends
[[Page 4958]]
122 STAT. 4958
of biofuel and diesel fuel in order to recommend premium locomotive
biofuel blends.
(e) Report.--Within 1 year after the date of enactment of this Act,
the Secretary shall issue the results of this study to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
SEC. 405. STUDY OF THE USE OF BIOBASED TECHNOLOGIES.
Within [NOTE: Deadline. Reports. 1 year after the date of
enactment of this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of a study of the feasibility of using
readily biodegradable lubricants for freight and passenger railroad
locomotives, rolling stock, or other equipment. The Secretary shall work
with an agricultural-based lubricant testing facility or facilities to
complete this study. The study shall include--
(1) an analysis of the potential use of soy-based grease and
soy-based hydraulic fluids to perform according to railroad
industry standards;
(2) an analysis of the potential use of other readily
biodegradable lubricants to perform according to railroad
industry standards;
(3) a comparison of the health and safety of petroleum-based
lubricants with biobased lubricants, which shall include an
analysis of fire safety; and
(4) a comparison of the environmental impact of petroleum-
based lubricants with biobased lubricants, which shall include
the rate and effects of biodegradability.
SEC. 406. [NOTE: 49 USC 24709 note. CROSS-BORDER PASSENGER RAIL
SERVICE.
(a) Plan.--Not [NOTE: Deadline. later than 1 year after the date
of the enactment of this Act, Amtrak shall, in consultation with the
Secretary, the Secretary of Homeland Security, the Washington State
Department of Transportation, and the owners of the relevant railroad
infrastructure--
(1) develop a strategic plan to facilitate expanded
passenger rail service across the international border between
the United States and Canada during the 2010 Olympic Games on
the Amtrak passenger rail route between Vancouver, British
Columbia, Canada, and Eugene, Oregon (commonly known as ``Amtrak
Cascades'');
(2) [NOTE: Recommenda- tions. develop recommendations for
the Department of Homeland Security to process efficiently rail
passengers traveling on Amtrak Cascades across such
international border during the 2010 Olympic Games; and
(3) [NOTE: Reports. submit to Congress a report
containing the strategic plan described in paragraph (1) and the
recommendations described in paragraph (2).
(b) Travel [NOTE: Procedures. Facilitation.--Using existing
authority or agreements, or upon reaching additional agreements with
Canada, the Secretary and other Federal agencies, as appropriate, are
authorized to establish facilities and procedures to conduct
preclearance of passengers traveling on Amtrak trains from Canada to the
United States. The Secretary shall seek to establish such facilities and
procedures--
[[Page 4959]]
122 STAT. 4959
(1) [NOTE: Canada. Deadline. in Vancouver, Canada, no
later than June 1, 2009; and
(2) in other areas as determined appropriate by the
Secretary.
SEC. 407. HISTORIC PRESERVATION OF RAILROADS.
(a) Study; [NOTE: State listing. Other Actions.--The Secretary of
Transportation shall--
(1) conduct a study, in consultation with the Advisory
Council on Historic Preservation, the National Conference of
State Historic Preservation Officers, the Department of the
Interior, appropriate representatives of the railroad industry,
and representative stakeholders, on ways to streamline
compliance with the requirements of section 303 of title 49,
United States Code, and section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) for federally funded railroad
infrastructure repair and improvement projects;
(2) take immediate action to cooperate with the Alaska
Railroad, the Alaska State Historic Preservation Office, the
Advisory Council on Historic Preservation, and the Department of
the Interior, in expediting the decisionmaking process for
safety-related projects of the railroad involving property and
facilities that have disputed historic significance; and
(3) take immediate action to cooperate with the North
Carolina Department of Transportation, the North Carolina State
Historic Preservation Office, the Virginia State Historic
Preservation Office, the Advisory Council on Historic
Preservation, and the Department of the Interior, in expediting
the decisionmaking process for safety-related railroad projects
of the North Carolina Department of Transportation and the
Southeast High Speed Rail Corridor involving property and
facilities that have disputed historic significance.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit, to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, a report on the
results of the study conducted under subsection (a)(1) and the actions
directed under subsection (a)(2) and (3). The report shall include
recommendations for any regulatory or legislative amendments that may
streamline compliance with the requirements described in subsection
(a)(1) in a manner consistent with railroad safety and the policies and
purposes of section 106 of the National Historic Preservation Act (16
U.S.C. 470f), section 303 of title 49, United States Code, and section
8(d) of Public Law 90-543 (16 U.S.C. 1247(d)).
TITLE V--HIGH-SPEED RAIL
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM.
(a) Corridor Planning.--Section [NOTE: 49 USC 26101. 26101 is
amended--
(1) in the section heading, by striking ``Corridor
development'' and inserting ``High-speed rail corridor
planning'';
(2) in the heading of subsection (a), by striking ``Corridor
Development'' and inserting ``Corridor Planning'';
(3) by striking ``corridor development'' each place it
appears and inserting ``corridor planning''; and
[[Page 4960]]
122 STAT. 4960
(4) in subsection (c)(2), by striking ``development'' and
inserting ``planning''.
(b) Authorization of Appropriations.--Section [NOTE: 49 USC
26104. 26104 is amended in paragraph (1) of subsection (a) by striking
``$70,000,000'' and inserting ``$30,000,000''.
(c) Conforming Amendment.--The item relating to section 26101 in the
table of sections of chapter 261 is amended by striking ``Corridor
development'' and inserting ``High-speed rail corridor planning''.
(d) High-Speed Rail Corridor Development.--Chapter 261 is amended by
adding at the end thereof the following:
``Sec. 26106. High-speed rail corridor development
``(a) In General.--The Secretary of Transportation shall establish
and implement a high-speed rail corridor development program.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Applicant.--The term `applicant' means a State, a
group of States, an Interstate Compact, a public agency
established by one or more States and having responsibility for
providing high-speed rail service, or Amtrak.
``(2) Corridor.--The term `corridor' means a corridor
designated by the Secretary pursuant to section 104(d)(2) of
title 23.
``(3) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under chapter
227 of this title for acquiring, constructing, improving, or
inspecting equipment, track, and track structures, or a facility
of use in or for the primary benefit of high-speed rail service,
expenses incidental to the acquisition or construction
(including designing, engineering, location surveying, mapping,
environmental studies, and acquiring rights-of-way), payments
for the capital portions of rail trackage rights agreements,
highway-rail grade crossing improvements related to high-speed
rail service, mitigating environmental impacts, communication
and signalization improvements, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing.
``(4) High-speed rail.--The term `high-speed rail' means
intercity passenger rail service that is reasonably expected to
reach speeds of at least 110 miles per hour.
``(5) Intercity passenger rail service.--The term `intercity
passenger rail service' has the meaning given the term
`intercity rail passenger transportation' in section 24102 of
this title.
``(6) State.--The term `State' means any of the 50 States or
the District of Columbia.
``(c) General Authority.--The Secretary may make grants under this
section to an applicant to finance capital projects in high-speed rail
corridors.
``(d) Applications.--Each applicant seeking to receive a grant under
this section to develop a high-speed rail corridor shall submit to the
Secretary an application in such form and in accordance with such
requirements as the Secretary shall establish.
``(e) Competitive Grant Selection and Criteria for Grants.--
``(1) In general.--The Secretary shall--
[[Page 4961]]
122 STAT. 4961
``(A) establish criteria for selecting among
projects that meet the criteria specified in paragraph
(2);
``(B) conduct a national solicitation for
applications; and
``(C) award grants on a competitive basis.
``(2) Grant criteria.--The Secretary, in selecting the
recipients of high-speed rail development grants to be provided
under subsection (c), shall--
``(A) require--
``(i) that the project be part of a State rail
plan developed under chapter 227 of this title, or
under the plan required by section 211 of the
Passenger Rail Investment and Improvement Act of
2008;
``(ii) that the applicant or recipient has or
will have the legal, financial, and technical
capacity to carry out the project, satisfactory
continuing control over the use of the equipment
or facilities, and the capability and willingness
to maintain the equipment or facilities;
``(iii) that the project be based on the
results of preliminary engineering studies or
other planning, including corridor planning
activities funded under section 26101 of this
title;
``(iv) that the applicant provides sufficient
information upon which the Secretary can make the
findings required by this subsection;
``(v) that if an applicant has selected the
proposed operator of its service, that the
applicant provide written justification to the
Secretary showing why the proposed operator is the
best, taking into account costs and other factors;
``(vi) that each proposed project meet all
safety and security requirements that are
applicable to the project under law; and
``(vii) that each project be compatible with,
and operated in conformance with--
``(I) plans developed pursuant to
the requirements of section 135 of title
23; and
``(II) the national rail plan (if it
is available);
``(B) select high-speed rail projects--
``(i) that are anticipated to result in
significant improvements to intercity rail
passenger service, including, but not limited to,
consideration of the project's--
``(I) levels of estimated ridership,
increased on-time performance, reduced
trip time, additional service frequency
to meet anticipated or existing demand,
or other significant service
enhancements as measured against minimum
standards developed under section 207 of
the Passenger Rail Investment and
Improvement Act of 2008;
``(II) anticipated favorable impact
on air or highway traffic congestion,
capacity, or safety; and
``(ii) for which there is a high degree of
confidence that the proposed project is feasible
and will result in the anticipated benefits, as
indicated by--
``(I) the project's precommencement
compliance with environmental protection
requirements;
[[Page 4962]]
122 STAT. 4962
``(II) the readiness of the project
to be commenced;
``(III) the commitment of any
affected host rail carrier to ensure the
realization of the anticipated benefits;
and
``(IV) other relevant factors as
determined by the Secretary;
``(iii) for which the level of the anticipated
benefits compares favorably to the amount of
Federal funding requested under this section; and
``(C) give greater consideration to projects--
``(i) that are anticipated to result in
benefits to other modes of transportation and to
the public at large, including, but not limited
to, consideration of the project's--
``(I) encouragement of intermodal
connectivity through provision of direct
connections between train stations,
airports, bus terminals, subway
stations, ferry ports, and other modes
of transportation;
``(II) anticipated improvement of
conventional intercity passenger,
freight, or commuter rail operations;
``(III) use of positive train
control technologies;
``(IV) environmental benefits,
including projects that involve the
purchase of environmentally sensitive,
fuel-efficient, and cost-effective
passenger rail equipment;
``(V) anticipated positive economic
and employment impacts;
``(VI) encouragement of State and
private contributions toward station
development, energy and environmental
efficiency, and economic benefits; and
``(VII) falling under the
description in section 5302(a)(1)(G) of
this title as defined to support
intercity passenger rail service; and
``(ii) that incorporate equitable financial
participation in the project's financing,
including, but not limited to, consideration of--
``(I) donated property interests or
services;
``(II) financial contributions by
intercity passenger, freight, and
commuter rail carriers commensurate with
the benefit expected to their
operations; and
``(III) financial commitments from
host railroads, non-Federal governmental
entities, non-governmental entities, and
others.
``(3) Grant conditions.--The Secretary shall require each
recipient of a grant under this chapter to comply with the grant
requirements of section 24405 of this title.
``(4) State rail plans.--State rail plans completed before
the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008 that substantially meet the requirements
of chapter 227 of this title, as determined by the Secretary
pursuant to section 22506 of this title, shall be deemed
[[Page 4963]]
122 STAT. 4963
by the Secretary to have met the requirements of paragraph
(2)(A)(i) of this subsection.
``(f) Federal Share.--The Federal share of the cost of a project
financed under this section shall not exceed 80 percent of the project
net capital cost.
``(g) Issuance of Regulations.--Within [NOTE: Deadline. 1 year
after the date of enactment of this section, the Secretary shall issue
regulations to carry out this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $150,000,000 for fiscal year 2009;
``(2) $300,000,000 for fiscal year 2010;
``(3) $350,000,000 for fiscal year 2011;
``(4) $350,000,000 for fiscal year 2012; and
``(5) $350,000,000 for fiscal year 2013.''.
(e) Table of Sections Amendment.--The table of sections for chapter
261 is amended by adding after the item relating to section 26105 the
following new item:
``26106. High-speed rail corridor development.''.
SEC. 502. [NOTE: 49 USC 26106 note. ADDITIONAL HIGH-SPEED RAIL
PROJECTS.
(a) Solicitation of Proposals.--
(1) In general.--Not [NOTE: Deadline. later than 60 days
after the date of enactment of this Act, the Secretary shall
issue a request for proposals for projects for the financing,
design, construction, operation, and maintenance of a high-speed
intercity passenger rail system operating within a high-speed
rail corridor, including--
(A) the Northeast Corridor;
(B) the California Corridor;
(C) the Empire Corridor;
(D) the Pacific Northwest Corridor;
(E) the South Central Corridor;
(F) the Gulf Coast Corridor;
(G) the Chicago Hub Network;
(H) the Florida Corridor;
(I) the Keystone Corridor;
(J) the Northern New England Corridor; and
(K) the Southeast Corridor.
(2) Submission.--Proposals [NOTE: Deadline. shall be
submitted to the Secretary not later than 270 days after the
publication of such request for proposals under paragraph (1).
(3) Performance standard.--Proposals submitted under
paragraph (2) must meet any standards established by the
Secretary. For corridors with existing intercity passenger rail
service, proposals shall also be designed to achieve a reduction
of existing minimum intercity rail service trip times between
the main corridor city pairs by a minimum of 25 percent. In the
case of a proposal submitted with respect to paragraph (1)(A),
the proposal must be designed to achieve a 2-hour or less
express service between Washington, District of Columbia, and
New York City, New York.
(4) Contents.--A proposal submitted under this subsection
shall include--
(A) the names and qualifications of the persons
submitting the proposal and the entities proposed to
finance,
[[Page 4964]]
122 STAT. 4964
design, construct, operate, and maintain the railroad,
railroad equipment, and related facilities, stations,
and infrastructure;
(B) a detailed description of the proposed rail
service, including possible routes, required
infrastructure investments and improvements, equipment
needs and type, train frequencies, peak and average
operating speeds, and trip times;
(C) a description of how the project would comply
with Federal rail safety and security laws, orders, and
regulations governing high-speed rail operations;
(D) the locations of proposed stations, which
maximize the usage of existing infrastructure to the
extent possible, and the populations such stations are
intended to serve;
(E) the type of equipment to be used, including any
technologies, to achieve trip time goals;
(F) a description of any proposed legislation needed
to facilitate all aspects of the project;
(G) a financing plan identifying--
(i) projected revenue, and sources thereof;
(ii) the amount of any requested public
contribution toward the project, and proposed
sources;
(iii) projected annual ridership projections
for the first 10 years of operations;
(iv) annual operations and capital costs;
(v) the projected levels of capital
investments required both initially and in
subsequent years to maintain a state-of-good-
repair necessary to provide the initially proposed
level of service or higher levels of service;
(vi) projected levels of private investment
and sources thereof, including the identity of any
person or entity that has made or is expected to
make a commitment to provide or secure funding and
the amount of such commitment; and
(vii) projected funding for the full fair
market compensation for any asset, property right
or interest, or service acquired from, owned, or
held by a private person or Federal entity that
would be acquired, impaired, or diminished in
value as a result of a project, except as
otherwise agreed to by the private person or
entity;
(H) a description of how the project would
contribute to the development of a national high-speed
rail system and an intermodal plan describing how the
system will facilitate convenient travel connections
with other transportation services;
(I) a description of how the project will ensure
compliance with Federal laws governing the rights and
status of employees associated with the route and
service, including those specified in section 24405 of
title 49, United States Code;
(J) a description of how the design, construction,
implementation, and operation of the project will
accommodate and allow for future growth of existing and
projected intercity, commuter, and freight rail service;
[[Page 4965]]
122 STAT. 4965
(K) a description of how the project would comply
with Federal and State environmental laws and
regulations, of what the environmental impacts would
result from the project, and how any adverse impacts
would be mitigated; and
(L) a description of the project's impacts on
highway and aviation congestion, energy consumption,
land use, and economic development in the service area.
(b) Determination and Establishment of Commissions.--Not later
than [NOTE: Deadline. 60 days after receipt of the proposals under
subsection (a), the Secretary shall--
(1) make a determination as to whether any such proposals--
(A) contain the information required under
subsection (a)(3) and (4);
(B) are sufficiently credible to warrant further
consideration;
(C) are likely to result in a positive impact on the
Nation's transportation system; and
(D) are cost-effective and in the public interest;
and
(2) establish a commission under subsection (c) for each
corridor with one or more proposals that the Secretary
determines satisfies the requirements of paragraph (1), and
forward to each commission such proposals for review and
consideration.
(c) Commissions.--
(1) Members.--Each commission referred to in subsection
(b)(2) shall include--
(A) the governors of the affected States, or their
respective designees;
(B) mayors of appropriate municipalities along the
proposed corridor, or their respective designees;
(C) a representative from each freight railroad
carrier using the relevant corridor, if applicable;
(D) a representative from each transit authority
using the relevant corridor, if applicable;
(E) representatives of nonprofit employee labor
organizations representing affected railroad employees;
and
(D) the President of Amtrak or his or her designee.
(2) Appointment and selection.--The Secretary shall appoint
the members under paragraph (1). [NOTE: Consultation. In
selecting each commission's members to fulfill the requirements
under paragraph (1)(B) and (E), the Secretary shall consult with
the Chairmen and Ranking Members of the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure.
(3) Chairperson and vice-chairperson selection.--The
Chairperson and Vice-Chairperson shall be elected from among
members of each commission.
(4) Quorum and vacancy.--
(A) Quorum.--A majority of the members of each
commission shall constitute a quorum.
(B) Vacancy.--Any vacancy in each commission shall
not affect its powers and shall be filled in the same
manner in which the original appointment was made.
[[Page 4966]]
122 STAT. 4966
(5) Application of law.--Except where otherwise provided by
this section, the Federal Advisory Committee Act (P.L. 92-463)
shall apply to each commission created under this section.
(d) Commission Consideration.--
(1) In general.--
Each [NOTE: Deadline. Reports. commission established under
subsection (b)(2) shall be responsible for reviewing the
proposal or proposals forwarded to it under that subsection and
not later than 90 days after the establishment of the
commission, shall transmit to the Secretary a report which
includes--
(A) a summary of each proposal received;
(B) services to be provided under each proposal,
including projected ridership, revenues, and costs;
(C) proposed public and private contributions for
each proposal;
(D) the advantages offered by the proposal over
existing intercity passenger rail services;
(E) public operating subsidies or assets needed for
the proposed project;
(F) possible risks to the public associated with the
proposal, including risks associated with project
financing, implementation, completion, safety, and
security;
(G) a ranked list of the proposals recommended for
further consideration under subsection (e) in accordance
with each proposal's projected positive impact on the
Nation's transportation system;
(H) an identification of any proposed Federal
legislation that would facilitate implementation of the
projects and Federal legislation that would be required
to implement the projects; and
(I) any other recommendations by the commission
concerning the proposed projects.
(2) Verbal presentation.--Proposers shall be given an
opportunity to make a verbal presentation to the commission to
explain their proposals.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for the use of each
commission established under subsection (b)(2) such sums as are
necessary to carry out this section.
(e) Selection by Secretary.--
(1) [NOTE: Deadline. Not later than 60 days after
receiving the recommended proposals of the commissions
established under subsection (b)(2), the Secretary shall--
(A) review such proposals and select any proposal
which provides substantial benefits to the public and
the national transportation system, is cost-effective,
offers significant advantages over existing services,
and meets other relevant factors determined appropriate
by the Secretary; and
(B) [NOTE: Reports. issue a report to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate containing any
proposal with respect to subsection (a)(1)(A) that is
selected by the Secretary under subparagraph (A) of this
paragraph, all the information regarding the proposal
provided to the Secretary under subsection (d), and any
other relevant information deemed appropriate.
[[Page 4967]]
122 STAT. 4967
(2) [NOTE: Reports. Following the submission of the
report under paragraph (1)(B), the Secretary shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing any proposal
with respect to subparagraphs (B) through (K) of subsection
(a)(1) that are selected by the Secretary under paragraph (1) of
this subsection, all the information regarding the proposal
provided to the Secretary under subsection (d), and any other
relevant information deemed appropriate.
(3) The report required under paragraph (2) shall not be
submitted by the Secretary until the report submitted under
paragraph (1) has been considered through a hearing by the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the report submitted under
paragraph (1)(B).
(f) Preliminary Engineering.--
For [NOTE: Appropriation authorization. planning and preliminary
engineering activities that meet the criteria of section 26101 of title
49, United States Code, (other than subsections (a) and (b)(2)) that are
undertaken after the Secretary submits reports to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate as
required under subsection (e), not to exceed $5,000,000 is authorized to
be appropriated from funds made available under section 26104(a) of such
title. Only 1 proposal for each corridor under subsection (a) shall be
eligible for such funds.
(g) No Actions Without Additional Authority.--No Federal agency may
take any action to implement, establish, facilitate, or otherwise act
upon any proposal submitted under this section, other than those actions
specifically authorized by this section, without explicit statutory
authority enacted after the date of enactment of this Act.
(h) Definitions.--In this section, the following definitions apply:
(1) Intercity passenger rail.--The term ``intercity
passenger rail'' means intercity rail passenger transportation
as defined in section 24102 of title 49, United States Code.
(2) State.--The term ``State'' means any of the 50 States or
the District of Columbia.
(3) Northeast corridor.--The term ``Northeast Corridor'' has
the meaning given under section 24102 of title 49, United States
Code.
(4) High-speed rail corridor.--The terms ``high-speed rail
corridor'' and ``corridor'' mean a corridor designated by the
Secretary pursuant to section 104(d)(2) of title 23, United
States Code, and the Northeast Corridor.
[[Page 4968]]
122 STAT. 4968
TITLE VI--CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY
SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE
PROJECTS FOR WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY.
(a) [NOTE: Grants. Authorization.--
(1) In general.--Subject to the succeeding provisions of
this section, the Secretary of Transportation is authorized to
make grants to the Transit Authority, in addition to the
contributions authorized under sections 3, 14, and 17 of the
National Capital Transportation Act of 1969 (sec. 9-1101.01 et
seq., D.C. Official Code), for the purpose of financing in part
the capital and preventive maintenance projects included in the
Capital Improvement Program approved by the Board of Directors
of the Transit Authority.
(2) Definitions.--In this section--
(A) the term ``Transit Authority'' means the
Washington Metropolitan Area Transit Authority
established under Article III of the Compact; and
(B) the term ``Compact'' means the Washington
Metropolitan Area Transit Authority Compact (80 Stat.
1324; Public Law 89-774).
(b) Use [NOTE: Grants. of Funds.--The Federal grants made
pursuant to the authorization under this section shall be subject to the
following limitations and conditions:
(1) The work for which such Federal grants are authorized
shall be subject to the provisions of the Compact (consistent
with the amendments to the Compact described in subsection (d)).
(2) Each such Federal grant shall be for 50 percent of the
net project cost of the project involved, and shall be provided
in cash from sources other than Federal funds or revenues from
the operation of public mass transportation systems. Consistent
with the terms of the amendment to the Compact described in
subsection (d)(1), any funds so provided shall be solely from
undistributed cash surpluses, replacement or depreciation funds
or reserves available in cash, or new capital.
(3) Such Federal grants may be used only for the maintenance
and upkeep of the systems of the Transit Authority as of the
date of the enactment of this Act and may not be used to
increase the mileage of the rail system.
(c) Applicability of Requirements For Mass Transportation Capital
Projects Receiving Funds Under Federal Transportation Law.--Except as
specifically provided in this section, the use of any amounts
appropriated pursuant to the authorization under this section shall be
subject to the requirements applicable to capital projects for which
funds are provided under chapter 53 of title 49, United States Code,
except to the extent that the Secretary of Transportation determines
that the requirements are inconsistent with the purposes of this
section.
[[Page 4969]]
122 STAT. 4969
(d) Amendments to Compact.--No [NOTE: Notification. amounts may
be provided to the Transit Authority pursuant to the authorization under
this section until the Transit Authority notifies the Secretary of
Transportation that each of the following amendments to the Compact (and
any further amendments which may be required to implement such
amendments) have taken effect:
(1)(A) An amendment requiring that all payments by the local
signatory governments for the Transit Authority for the purpose
of matching any Federal funds appropriated in any given year
authorized under subsection (a) for the cost of operating and
maintaining the adopted regional system are made from amounts
derived from dedicated funding sources.
(B) For purposes of this paragraph, the term ``dedicated
funding source'' means any source of funding which is earmarked
or required under State or local law to be used to match Federal
appropriations authorized under this division for payments to
the Transit Authority.
(2) An amendment establishing an Office of the Inspector
General of the Transit Authority.
(3) An amendment expanding the Board of Directors of the
Transit Authority to include 4 additional Directors appointed by
the Administrator of General Services, of whom 2 shall be
nonvoting and 2 shall be voting, and requiring one of the voting
members so appointed to be a regular passenger and customer of
the bus or rail service of the Transit Authority.
(e) Access to Wireless Service in Metrorail System.--
(1) Requiring [NOTE: Deadlines. transit authority to
provide access to service.--No [NOTE: Notification. amounts
may be provided to the Transit Authority pursuant to the
authorization under this section unless the Transit Authority
ensures that customers of the rail service of the Transit
Authority have access within the rail system to services
provided by any licensed wireless provider that notifies the
Transit Authority (in accordance with such procedures as the
Transit Authority may adopt) of its intent to offer service to
the public, in accordance with the following timetable:
(A) Not later than 1 year after the date of the
enactment of this Act, in the 20 underground rail
station platforms with the highest volume of passenger
traffic.
(B) Not later than 4 years after such date,
throughout the rail system.
(2) Access of wireless providers to system for upgrades and
maintenance.--No amounts may be provided to the Transit
Authority pursuant to the authorization under this section
unless the Transit Authority ensures that each licensed wireless
provider who provides service to the public within the rail
system pursuant to paragraph (1) has access to the system on an
ongoing basis (subject to such restrictions as the Transit
Authority may impose to ensure that such access will not unduly
impact rail operations or threaten the safety of customers or
employees of the rail system) to carry out emergency repairs,
routine maintenance, and upgrades to the service.
(3) Permitting reasonable and customary charges.--Nothing in
this subsection may be construed to prohibit the Transit
Authority from requiring a licensed wireless provider
[[Page 4970]]
122 STAT. 4970
to pay reasonable and customary charges for access granted under
this subsection.
(4) Reports.--Not later than 1 year after the date of the
enactment of this Act, and each of the 3 years thereafter, the
Transit Authority shall submit to the Committee on Oversight and
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the implementation of this subsection.
(5) Definition.--In this subsection, the term ``licensed
wireless provider'' means any provider of wireless services who
is operating pursuant to a Federal license to offer such
services to the public for profit.
(f) Amount.--There [NOTE: Appropriation authorization. are
authorized to be appropriated to the Secretary of Transportation for
grants under this section an aggregate amount not to exceed
$1,500,000,000 to be available in increments over 10 fiscal years
beginning in fiscal year 2009, or until expended.
(g) Availability.--Amounts appropriated pursuant to the
authorization under this section shall remain available until expended.
Approved October 16, 2008.
LEGISLATIVE HISTORY--H.R. 2095 (S. 1889):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 110-336 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 110-270 accompanying S. 1889 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Oct. 17, considered and passed
House.
Vol. 154 (2008):
Aug. 1, considered and passed
Senate, amended.
Sept. 24, House concurred in Senate
amendment with an amendment
pursuant to H. Res. 1492.
Oct. 1, Senate concurred in House
amendment.